Pongyang

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JAMES HARRIS, No. 2: 21-cv-0846 TLN KJN P Plaintiff, v. FINDINGS & RECOMMENDATIONS CAPTAIN PONGYAN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that this action be dismissed. On October 21, 2022, defendant filed a motion for summary judgment on the merits of plaintiff’s claims and on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 48.) On March 28, 2022, and October 21, 2022 (ECF Nos. 41, 48-3), plaintiff was advised of the requirements for opposing a motion for summary judgment based on plaintiff’s failure to exhaust administrative remedies pursuant to Rule 56 of the Federal Rules of Civil Procedure. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th…