Andres

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK TATE, No. 2:18-cv-0822 KJM AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

J. ANDRES, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is the defendant’s motion for partial summary judgment based on plaintiff’s failure to exhaust administrative remedies (ECF No. 72), which plaintiff has opposed (ECF No. 73). I. Procedural History The court screened the complaint and found that it stated a claim for relief against defendant Andres. ECF No. 14. Defendant answered the complaint (ECF No. 25) and filed the motion for partial summary judgment (ECF No. 72) after the close of discovery. II. Plaintiff’s Allegations The complaint alleges that defendant Andres used excessive force against plaintiff in retaliation for filing a grievance against him, and then failed to get plaintiff medical…