Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMENIQUE HENDRIX, No. 2:21-CV-01062-WBS-EFB (PC) Plaintiff, v. ORDER J. GOMEZ, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action on June 16, 2021, seeking relief under 42 U.S.C. § 1983. Plaintiff alleges that defendant Officer Gomez used excessive force against him during an incident when plaintiff refused to step out of his cell by throwing plaintiff on the ground and punching him in the face without justification. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 7, 2023, defendant filed a motion for summary judgment on the ground that plaintiff has failed to exhaust his administrative remedies. (ECF No. 49.) After plaintiff failed to file an opposition within the prescribed time, on October 18, 2023, the magistrate judge ordered plaintiff to file an opposition or a statement of…