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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Smiley Martin, No. 2:18-cv-01658-KJM-KJIN Plaintiff, ORDER v. Officer J. Her, 1S Defendant. 16 17 Plaintiff Smiley Martin is a former state prisoner pursuing a civil rights action against Deputy Johnny Her, for harm Martin alleges he suffered while incarcerated. Her 20 argues the claims against him should be dismissed because Martin has not exhausted his administrative remedies. Given the record before it, the court denies the motion to dismiss. 22 I. BACKGROUND Martin was injured in a fight on January 28, 2018. Compl. at 4, ECF No. 1. In his 24 verified complaint, Martin alleges he filed a grievance complaining that Her did not properly 25 respond to the fight or Martin’s injuries. 7d. at 3-4. At his deposition, Martin testified that when Her learned of the grievance Her told a houseman, another prisoner serving in a designated role at 27 the prison, that Her would…