(PC) Lopez v. North Kern State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RODRIGO LOPEZ, Case No. 1:16-cv-00881-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT RE:

EXHAUSTION

NORTH KERN STATE PRISON, et al., (ECF No. 23) Defendants.

FOURTEEN (14) DAY DEADLINE

16 FINDINGS AND RECOMMENDATIONS I. Background Plaintiff Rodrigo Lopez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant McDermott (“Defendant”) for the failure to intervene while Inmate Cancel was attacking Plaintiff, in violation of the Eighth Amendment. On April 2, 2018, Defendant filed a motion for summary judgment on the ground that the undisputed facts in the record prove that Plaintiff failed to properly exhaust administrative remedies for the claims asserted in this action, as required by…