Arce

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN HENDRIX, Case No. 1:20-cv-01307-AWI-CDB (PC)

12 Plaintiff,

FINDINGS AND RECOMMENDATION TO

13 v. GRANT DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT FOR A FAILURE

14 ARCE, TO EXHAUST ADMINISTRATIVE

REMEDIES

15 Defendant. (Doc. 48)

16

17 Plaintiff Benjamin Hendrix is proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. This action proceeds on a claim of deliberate 19 indifference to serious medical needs against Defendant Arce. 20 I. RELEVANT PROCEDURAL BACKGROUND 21 Plaintiff filed his original complaint on July 22, 2020 (Doc. 1) and a first amended 22 complaint on September 3, 2020 (Doc. 13). Plaintiff lodged a second amended complaint on 23 November 18, 2020. (Doc. 17.)1 24 On June 4, 2021, then-Magistrate Judge Jennifer L. Thurston issued an Order Directing 25 Plaintiff to File a Third Amended Complaint or Notify the Court of His Desire to Proceed Only 26 on…