Gomes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADAM RANDOLPH POWELL, No. 2:21-cv-0781 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GOMES, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants were deliberately indifferent to his mental health needs. Presently before the court is defendants’ fully briefed motion for summary judgment. For the reasons set forth below, the undersigned will recommend that the motion be denied and that an evidentiary hearing be held to determine whether plaintiff exhausted administrative remedies. BACKGROUND I. Relevant Procedural History Plaintiff initiated this action by filing the original complaint. (ECF No. 1.) Upon screening the undersigned determined the complaint contained a potentially cognizable deliberate indifference claim against defendants Hudspeth and Gomes. (ECF No. 5.)…