Sutton

(PC) Washington v. Sutton

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20231:20-cv-00983California11,772 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISAIAH WASHINGTON, 1:20-cv-00983-AWI-GSA-PC Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT

BASED ON FAILURE TO EXHAUST

SUTTON, et al., ADMINISTRATIVE REMEDIES BE

GRANTED

Defendants. (ECF No. 45.)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. BACKGROUND Isaiah Washington (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on July 16, 2020. (ECF No. 1.) This case now proceeds with the original Complaint against defendants M. Sturges, O. Navarro, and J. Cornejo (collectively, “Defendants”) for use of excessive force in violation of the Eighth Amendment.1 On October 7, 2022, Defendants filed a motion for summary judgment based on Plaintiff’s failure to exhaust administrative remedies. …

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