Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WAYNE JEROME ROBERTSON, Case No. 1:17-cv-01022-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANTS’ MOTION

v. FOR PARTIAL SUMMARY JUDGMENT

BASED ON PLAINTIFF’S FAILURE TO

GARCIA, et al., EXHAUST AVAILABLE

ADMINISTRATIVE REMEDIES

Defendants. (ECF No. 36)

FOURTEEN (14) DAY DEADLINE

17 FINDINGS AND RECOMMENDATIONS I. Background Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants Garcia and Jones for excessive force in violation of the Eighth Amendment. On January 4, 2019, Defendants filed a motion for partial summary judgment based on Plaintiff’s failure to exhaust administrative remedies prior to filing this action as required by the Prison Litigation Reform Act, as to Defendant Jones…