Odeluga

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ELMER DOSIO, JR., 1:19-cv-00675-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT

vs. DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT BASED ON

N. ODELUGA, et al., FAILURE TO EXHAUST BE DENIED (ECF No. 35.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. BACKGROUND Elmer Dosio, Jr. (“Plaintiff”) is a state prisoner proceeding in forma pauperis with counsel in this civil rights action under 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s Second Amended Complaint against defendant Licensed Vocational Nurse (“LVN”) Elma Fernandez1 (“Defendant”) for failure to provide adequate medical care in violation of the Eighth Amendment. (ECF No. 18.)2

26 1 Sued as E. Frandez. 27 2 On April 29, 2021, the court issued an order dismissing all other claims and defendants from this case based on Plaintiff’s failure to state a…