Borges

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 RUSSELL S. GRANT, Case No. 1:20-cv-00908-JLT-EPG (PC) Plaintiff, ORDER SETTING EVIDENTIARY

HEARING AND RELATED DEADLINES

v. (ECF No. 41) D. RIOS, Defendant. 14 On January 10, 2022, Defendant filed a motion for summary judgment on the ground that Plaintiff failed to properly exhaust his available administrative remedies. (ECF No. 41). On March 21, 2022, Plaintiff filed his opposition to the motion for summary judgment. (ECF No. 47). On April 5, 2022, Defendant filed his reply. After reviewing the evidence, District Judge Jennifer L. Thurston determined that there is a dispute of material fact and that an evidentiary hearing is necessary. (ECF No. 50, p. 2); see also Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). Specifically, the Judge Thurston found that it is undisputed that there was a generally available administrative remedy, but that there is a genuine dispute of material fact regarding whether Plaintiff timely filed a grievance…