Russell

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOE FOSTER, SR., Case No. 2:19-cv-02162-JDP (PC) Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

v. AND DENYING PLAINTIFF’S MOTION TO

COMPEL

RUSSELL, et al., ECF No. 40 & 45 Defendants.

16 Plaintiff Michael Foster Sr. is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He alleges that, during his confinement in Sacramento County Jail, defendants—Sacramento County Sheriff’s deputies—subjected him to unconstitutional force by slamming him to the floor, jumping on him, and repeatedly tasing him without cause. ECF No. 14 at 3. Defendants have filed a motion for summary judgment, arguing that plaintiff failed to exhaust his administrative remedies before filing this suit. ECF No. 40. Plaintiff concedes that he did not file a grievance but argues that he lacked available administrative remedies both because he feared retaliation and…