CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARL DEAN CHRISTIAN, JR., No. 2:21-cv-0305 KJN P Plaintiff, v. ORDER AND H. MACIAS, et al., FINDINGS & RECOMMENDATIONS Defendants. 16 This action proceeds through decedent Earl Dean Christian Jr.’s daughter and successor in interest Katelyn Christian, who is represented by counsel. In this civil rights action brought under 42 U.S.C. § 1983, plaintiff alleges that defendants used excessive force. Defendants’ fully briefed motion for summary judgment on exhaustion grounds is before the court. As set forth below, it is recommended that the motion for summary judgment be denied. I. Background On December 16, 2022, defendants Hernandez, Hickman, Macias, and Feltner filed a motion for summary judgment on the grounds that plaintiff failed to exhaust his administrative remedies prior to bringing the instant action. (ECF No. 51.) On February 16, 2023, plaintiff filed an opposition. (ECF No. 54.) On February 27,…