Byer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOFONZO R. TURNER, Case No. 2:17-cv-01869-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED S. BYERS, ECF No. 69 Defendant. 16 On September 14, 2013, plaintiff was involved in an altercation with officers at the Sacramento County Main Jail, in which he alleges that defendant Byers handcuffed and then assaulted him. Defendant has moved for summary judgment on plaintiff’s Eighth Amendment excessive force claim—the sole remaining claim—arguing that plaintiff failed to exhaust his administrative remedies. I recommend granting defendant’s motion. 22 23

1 In his complaint, plaintiff identified defendant as “S. Byer,” ECF No. 1 at 1, but defendant’s last name is “Byers,” see ECF No. 69-4 at 1. Accordingly, the Clerk of Court is 26 directed to amend the case name to Turner v. Byers, 2:17-cv-01869-WBS-JDP. 2 Plaintiff also alleged…