Garcia

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JERRY DILLINGHAM, 1:19-cv-00461-AWI-GSA-PC

Plaintiff, ORDER VACATING MOTION FOR

SUMMARY JUDGMENT, TO BE

vs. REINSTATED FOLLOWING

EVIDENTIARY HEARING

J. GARCIA, et al., (ECF No. 74.) Defendants.

21 I. INTRODUCTION Jerry Dillingham (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 9, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) Pending before the Court is Defendant’s motion for summary judgment on the ground that Plaintiff failed to exhaust administrative remedies before filing suit. (ECF No. 74.) Alternatively, Defendant requests an evidentiary hearing as to any disputed factual issues. (Id.) For the reasons stated herein, the undersigned shall order an evidentiary hearing. See Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (court shall hold an…