(PC)Wallace

I. BACKGROUND

23 This action is proceeding on Plaintiff’s claim against Defendants Lopez, Wade, White, 24 and John Doe for deliberate indifference to allegedly unconstitutional conditions of Plaintiff’s 25 confinement, in violation of the Eighth Amendment. (ECF No. 19 at 2).1 This claim stems from 26 Plaintiff’s allegations of insufficient toilets and poor plumbing in Unit H2 of Wasco State Prison 27 that led to human feces on the floor that subsequently got onto Plaintiff’s hands and clothes, too few showers so that Plaintiff was unable to clean himself, and inadequate ventilation causing mold. Plaintiff reported the problems to Defendants. Despite Defendant Wade ordering maintenance work on the ventilation, the problems persisted and there were no actions taken to abate the plumbing issues even with the obvious presence of feces. (ECF No. 18 at 9–10). On October 25, 2021, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to fully exhaust his administrative remedies before filing this action. (ECF No. 47). To date, no opposition or statement of non-opposition to the motion for summary judgment has been filed, and…