Gamez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 D’ANDRE DAYMAR COX, No. 2:20-CV-1893-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. GAMEZ, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss, ECF No. 21, and request for judicial notice in support thereof, ECF No. 22. Plaintiff has not filed an opposition. Defendants argue that the operative first amended complaint must be dismissed in its entirety as to all claims against both named defendants because Plaintiff’s allegations and judicially noticeable evidence show that Plaintiff failed to exhaust available administrative remedies prior to filing suit, in violation of the Prison Litigation Reform Act. See ECF No. 21-1. Pursuant to Eastern District of California Local Rule 230(c), the Court construes Plaintiff’s failure to file an opposition to Defendant’s motion as…