Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH DELGADO, No. 2:19-cv-1540 KJM KJN P Plaintiff, v. ORDER JOE A. LIZARRAGA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. This action proceeds on plaintiff’s Eighth Amendment claims alleging the use of excessive force by defendants Barton and Scheurer. Defendants move for leave to file a late motion regarding exhaustion of administrative remedies, and plaintiff moves for an extension of time to file his pretrial statement. As discussed below, defendants’ motion is denied, and plaintiff’s motion is granted. Application to File Late Motion On March 25, 2022, defendants filed an ex parte application for leave to file a motion, on an expedited briefing schedule, regarding exhaustion of administrative remedies, solely as to defendant Scheurer. Defendants acknowledge that plaintiff submitted a grievance that alleges facts forming the basis of his claim against defendant…