Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHN MELENDEZ, et al., Case No. 1:20-cv-01393-ADA-CDB (PC)

Plaintiffs, FINDINGS AND RECOMMENDATION

TO GRANT DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT

DIAZ, et al., (Doc. 37)

Defendants. 14-DAY DEADLINE

16 Before the Court is Defendants’ Motion for Summary Judgment, filed January 31, 2023, in which they assert that plaintiffs Melendez, Pajarillo, Canales, Castro, Gaitan, Hernandez, Espinoza and Garcia failed to exhaust their administrative remedies for their claims against Defendants, prior to filing their first amended complaint. (Doc. 37). Plaintiffs filed an opposition on March 8, 2023 (Doc. 41)1, and Defendants filed a reply on March 28, 2023. (Doc. 45). For the reasons stated below, the undersigned recommends that Defendants’ motion for summary judgment be granted.

24 25 1 Plaintiffs’ opposition was due February 14, 2023. On March 8, 2023, counsel for Plaintiffs filed a motion nunc pro tunc…