Restivo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DEVONTE B. HARRIS, ) Case No.: 1:20-cv-0797 JLT EPG (PC) ) Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS AND GRANTING IN v. ) PART DEFENDANTS’ MOTION FOR ) SUMMARY JUDGMENT A. RESTIVO, et al., ) ) (Docs. 36, 49) Defendants. ) )

Devonte Harris is a state prisoner and asserts his civil rights were violated 42 U.S.C. § 1983. He seeks to hold defendants Levan and Restivo liable for retaliation and malicious prosecution; and states Devereaux claims against Levan, Reynolds, and Restivo. (See Docs. 1, 14.) Defendants filed a motion for summary judgment, asserting Plaintiff failed to properly exhaust available administrative remedies as to all claims. (Doc. 36.) However, Defendants later filed a notice of errata, withdrawing the motion to the extent they asserted Plaintiff failed to exhaust his claim that Levan filed a false disciplinary report in retaliation against Plaintiff. (Doc. 40.) In…