(PC) Tran v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BINH CUONG TRAN, ) Case No.: 1:19-cv-00148-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) REGARDING DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

S. SMITH, et al., ) ) (ECF No. 85) ) Defendants. ) )

Plaintiff Binh Cuoung Tran is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendants’ motion for summary judgment for failure to exhaust the administrative remedies, filed September 30, 2021. (ECF No. 85.) I. PROCEDURAL BACKGROUND This action is proceeding against Defendants J. Garcia and A. Brown, Jericoff and Munsel for deliberate indifference to a serious medical need in violation of the Eighth Amendment. On July 22, 2021, Defendants filed an answer to the first amended complaint. (ECF No. 79.) On July…