Borges

I. INTRODUCTION

18 Russell Grant (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this 19 civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s 20 Eighth Amendment excessive force claim against defendant Rios based on Plaintiff’s 21 allegations that defendant Rios made Plaintiff’s handcuffs too tight and then pushed Plaintiff into a wall and held him there. (ECF Nos. 1, 13, & 14).1 23 On January 10, 2022, Defendant filed a motion for summary judgment on the ground 24 that Plaintiff failed to properly exhaust his available administrative remedies. (ECF No. 41). 25 The undersigned issued Findings and Recommendations to deny the motion for summary 26 judgment because there was “a genuine dispute of material fact regarding whether Plaintiff

28 timely filed a grievance[2] regarding the claim that is proceeding in this action,” and that an evidentiary hearing should be set to resolve the dispute. (ECF No. 49, p. 13; ECF No. 50). The District Judge adopted these Findings and Recommendations in part, agreeing “there is a dispute of material fact concerning Plaintiff’s exhaustion of available…