Baughman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY GIRALDES, JR., No. 2:18-cv-1055 WBS AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. BAUGHMAN, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. The action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is defendant’s motion for summary judgment on grounds of non- exhaustion. ECF No. 35. Plaintiff has filed an opposition, and defendant has filed a reply. ECF Nos. 42, 43. In addition, plaintiff has filed a motion to stay these proceedings. ECF No. 53. For the reasons stated below, the undersigned will recommend that defendant’s motion for summary judgment be granted and that plaintiff’s motion to stay be denied as moot. I. THE COMPLAINT On screening of plaintiff’s first amended complaint (“FAC”), the undersigned determined that plaintiff…