Day

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

MARQUES BUTLER, ) Case No.: 1:20-cv-1650 JLT SAB (PC) ) Plaintiff, ) ) ORDER ADOPTING FINDINGS AND v. ) RECOMMENDATION, AND GRANTING ) MOTION FOR SUMMARY JUDGMENT FOR R. DAY, et al., ) FAILURE TO EXHAUST ) Defendants. ) (Docs. 29, 36) ) )

Defendants filed a motion for summary judgment on the grounds that Plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act. (Doc. 29.) Plaintiff did not respond to the motion. The assigned magistrate judge issued findings and recommendations, recommending that Defendants’ motion for summary judgment be granted. (Doc. 36.) The magistrate judge found the CDCR had an administrative grievance process available to Plaintiff, but Plaintiff failed to exhaust his claims through the administrative process prior to filing suit. (Id. at 8-9.) Therefore, the magistrate judge recommended the motion…