Galliger

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISAIAH J. PETILLO, 1:18-cv-00217-JLT-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT

FOR FAILURE TO EXHAUST REMEDIES

GALLIGER, et al., BE GRANTED (ECF No. 57.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. PROCEDURAL HISTORY Isaiah J. Petillo (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on November 19, 2018, against defendant C/O J. Fugate for use of excessive force in violation of the Eighth Amendment; against defendants C/O J. Fugate and Captain J. Gallagher1 for failing to protect Plaintiff in violation of the Eighth Amendment; and, against defendant Captain J. Gallagher for retaliation in violation of the First Amendment. (ECF 26 …