Moffett
(PC) Bland v. Moffett
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA BLAND, No. 1:19-cv-01750 JLT SKO (PC)
Plaintiff,
ORDER ADOPTING FINDINGS AND
v. RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY
D. MOFFETT, et al., JUDGMENT
Defendants. (Doc. 69)
Joshua Bland is a state prisoner and seeks to hold correctional officers liable for an alleged failure to protect him from the attack of several other inmates pursuant to 42 U.S.C. § 1983. Defendants Jaime and Stark—the only defendants remaining in this action— seek summary judgment, arguing that Plaintiff failed to exhaust his administrative remedies prior to filing this action. (Doc. 41.) On October 4, 2022, the assigned magistrate judge found: “Even viewed in the light most favorable to Plaintiff, the record establishes Plaintiff did not exhaust his administrative remedies as required prior to filing suit.” (Doc. 69 at 15.) Therefore, the magistrate judge recommended the motion for summary judgment be…