Ringler
(PC) McMillan v. Ringler
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Edwin D. MeMillan, No. 2:13-cv-00578-KJM-KJN Plaintiff, ORDER v. S. Ringler, et al., 1S Defendants. 16 Defendants move for partial summary judgment of plaintiff Edwin D. McMillan’s claims under California’s Bane Act for failure to exhaust administrative remedies. Mr. McMillan opposes the motion. As explained below, the court grants the motion and dismisses Mr. McMillan’s Bane Act claims without prejudice to filing the claims in a separate suit. I. BACKGROUND The court has summarized the background of this litigation in its previous orders. See, 23 e.g., Order at 1-2 (June 16, 2022), ECF No. 198. The relevant facts for this summary judgment motion are undisputed. See Statement of Undisputed Facts at 1-2, ECF No. 199-2. In early December 2012, Mr. McMillan submitted an inmate grievance alleging violation of his rights under the First Amendment and the Bane…