Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN RAY BRUMMETT, JR., Case No. 1:22-cv-00407-ADA-BAM (PC)

Plaintiff, ORDER GRANTING LEAVE FOR

PLAINTIFF TO FILE SUPPLEMENTAL

v. OPPOSITION TO MOTION FOR SUMMARY

JUDGMENT IN COMPLIANCE WITH FED.

ALLISON, et al., R. CIV. P. 56 AND LOCAL RULE 260(b)

Defendants. THIRTY (30) DAY DEADLINE

16 Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants V. Diaz and D. Escalera for excessive force in violation of the Eighth Amendment. On September 25, 2023, Defendants filed a motion for summary judgment based on Plaintiff’s failure to exhaust his administrative remedies before the filing of this action. (ECF No. 28.) The motion was accompanied by a Rand warning, pursuant to Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), Rand v. Rowland, 154…