(PC) Seymour v. Wasco State Prison Administration

I. INTRODUCTION

18 Aaron D. Seymour (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action. This case is proceeding on Plaintiff’s Eighth Amendment conditions of confinement claim against defendants Shirley, DeGough, and Cronjager1 based 21 on allegations that the water at Wasco State Prison is contaminated, and that Defendants have not appropriately responded to the issue. (ECF Nos. 14, 18, & 40).2 23 On April 14, 2022, Defendants filed a motion for summary judgment on the ground that 24 Plaintiff failed to properly exhaust his available administrative remedies before filing this case.

26 1 This case was originally allowed to proceed against defendants “Doe 1, De[G]ough, and Doe 2.” (ECF No. 18, p. 2). However, the Doe defendants were later identified, and the Court ordered that “[r]eferences to Doe 1 will be treated as if they referred to H. Shirley,” and “[r]eferences to Doe 2 will be treated as if they referred to J. Cronjager.” (ECF No. 40, p. 2). (ECF No. 31). On May 4, 2022, the Court granted Plaintiff until July 8, 2022, to file his response to Defendants’ motion for summary judgment and…