(PC) Matlock v. Kern County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD A. MATLOCK, Case No. 1:19-cv-01368-JLT-CDB (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO GRANT DEFENDANTS’ MOTION FOR
v. SUMMARY JUDGMENT FOR FAILURE
TO EXHAUST ADMINISTRATIVE
DONNY YOUNGBLOOD, et al., REMEDIES AND DISMISS CASE
WITHOUT PREJUDICE
Defendants. (Doc. 54)
FOURTEEN (14) DAY DEADLINE
18 Plaintiff Richard A. Matlock was a pretrial federal detainee proceeding pro se and in 19 forma pauperis in this civil rights action under 42 U.S.C. § 1983. Defendants Donny Youngblood 20 and Officer Woosley have filed a motion for summary judgment (“MSJ”) based on Plaintiff’s 21 failure to exhaust administrative remedies prior to filing his complaint. (Doc. 54). Plaintiff failed 22 to file a response in opposition despite ample opportunity to do so.1 For the following reasons, the 23 Court recommends that summary judgment based on non-exhaustion be granted in Defendants’ 24 favor and the case dismissed without prejudice.