Krause

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE JEROME ROBERTSON, No. 2:17-cv-01426 WBS DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 T. KRAUSE, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. Plaintiff claims defendant T. Krause was deliberately indifferent to plaintiff’s medical 19 needs in violation of his Eighth Amendment rights. Currently pending before the court is 20 defendant’s motion for summary judgment for plaintiff’s failure to exhaust his available 21 administrative remedies. (ECF No. 48.) Plaintiff filed an opposition to that motion (ECF No. 49) 22 and defendant filed a reply (ECF No. 50). Plaintiff subsequently filed a sur-reply. (ECF No. 51.) 23 For the reasons stated below, the undersigned will recommend that defendant’s motion for 24 summary judgment (ECF No. 48) be granted. 25 //// 26 //// 27 //// 28 //// 1 BACKGROUND 2 I. Procedural History 3 This…