(PC) Lopez v. North Kern State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODRIGO LOPEZ, No. 1:16-cv-00881-ADA-BAM (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS REGARDING

NORTH KERN STATE PRISON, et al., DEFENDANT’S MOTION FOR SUMMARY

JUDGMENT RE: EXHAUSTION

Defendants. (Doc. Nos. 23, 37) 16 Plaintiff Rodrigo Lopez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant J. McDermott (“Defendant”) for failure to intervene while inmate Cancel was attacking Plaintiff, in violation of the Eighth Amendment. (Doc. No. 9.) On April 12, 2022, the magistrate judge issued findings and recommendations that Defendant’s motion for summary judgment for failure to exhaust be granted. (Doc. No. 37.) The findings and recommendations were served on the parties and contained notice that any objections were to be filed within…