Lozano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ALEXANDER RIALS, No. 2:19-cv-02152-TLN-CKD P Plaintiff, v. ORDER AND J. LOZANO, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s first amended complaint alleging an Eighth Amendment sexual abuse claim against defendant Bowen and a failure to protect claim, also under the Eighth Amendment, against defendants Lozano and Footman. See ECF Nos. 15 (screening order), 21 (order adopting Findings and Recommendations dismissing remaining defendants and claims). Currently pending before the court are defendants’ motions for summary judgment based on plaintiff’s failure to exhaust his administrative remedies as required by the Prison Litigation Reform Act (“PLRA”). ECF Nos. 57, 60. Plaintiff has filed an opposition and defendants have 26 …