(PC) Bouie v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DIRK JAONG BOUIE, JR., No. 2:18-cv-2040 KJM AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

OSCAR SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 41. I. Procedural History On screening the complaint, the court found that plaintiff had stated claims against defendants Smith, Rossi, and Harwood but did not state any cognizable claims against defendant Davis. ECF No. 8. Plaintiff was given the option of proceeding on the complaint as screened or amending the complaint. Id. at 10. Plaintiff elected to proceed on the complaint as screened and voluntarily dismissed defendant Davis. ECF No. 9. Prior to the close of discovery, defendants filed a motion for summary judgment on the ground that plaintiff failed to exhaust his…