Uchi

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 JOHN FRATUS, Case No. 1:21-cv-01523-JLT-EPG (PC) Plaintiff, ORDER SETTING EVIDENTIARY

HEARING AND RELATED DEADLINES

v.

UCHI, et al.,

Defendants. 14 On November 7, 2022, defendants Uchi and Burnes (“Defendants”) filed a motion for summary judgment on the ground that Plaintiff failed to properly exhaust his available administrative remedies. (ECF No. 61). On November 15, 2022, Defendants filed a motion to stay non-exhaustion related discovery pending resolution of the motion for summary judgment. (ECF No. 62). On November 17, 2022, Plaintiff filed his opposition to Defendants’ motion for summary judgment. (ECF No. 63). On January 5, 2023, Defendants filed their reply. (ECF No. 70). The Court has reviewed the evidence, and finds that there is a dispute of fact on the issue of non-exhaustion of administrative remedies. Accordingly, the Court finds that an Albino evidentiary hearing is necessary. See Albino v. Baca (“Albino II”), 747…