Orr

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH WILSON, No. 2:20-cv-1715 TLN AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS F. ORR, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 44. I. Procedural History On screening, the court found that plaintiff stated claims for relief against defendants Orr, Brones, Brazil, and Bustamante and ordered service of the complaint. ECF No. 8. After the close of discovery, defendants filed a motion for summary judgment on the ground that plaintiff failed to exhaust his administrative remedies (ECF No. 44), which plaintiff opposes (ECF No. 50). Defendants also sought and were granted leave to file a merit-based motion for summary judgment in the event the currently pending motion is denied. ECF Nos. 46, 49.1

There is no such alternative motion…