Burton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN BENNETT, No. 2:21-cv-1340 KJN P 12 Plaintiff, ORDER AND 13 v. FINDINGS & RECOMMENDATIONS 14 BURTON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. In his civil rights 18 complaint under 42 U.S.C. § 1983, plaintiff alleges that defendants were deliberately indifferent 19 to plaintiff’s health and safety by housing plaintiff with other inmates who had tested positive for 20 COVID-19. Defendants’ fully-briefed motion for summary judgment is before the court. As set 21 forth below, it is recommended that the motion for summary judgment be denied. 22 Background 23 On May 5, 2022, defendants Garcia and Moreno filed a motion for summary judgment on 24 the grounds that plaintiff failed to exhaust his administrative remedies prior to bringing the instant 25 action. (ECF No. 32.) On May 20, 2022, plaintiff filed his opposition. (ECF No. 33.) On May 26 26, 2022, defendants filed a reply. …