(PC)Roberson

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 10 MORRIS ROBERSON, No. 1:22-cv-00833 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. DEFENDANTS’ EXHAUSTION MOTION

FOR SUMMARY JUDGMENT

CDCR, et al., (Docs. 29, 39) Defendants. 16 Morris Roberson seeks to hold the defendants liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. Defendants assert Plaintiff failed to exhaust his available administrative remedies for his claim for failure to intervene and seek summary adjudication on the claim. (Doc. 29.) The magistrate judge found Defendants “carried their burden to show that there was an available administrative remedy and that Plaintiff did not exhaust that available remedy prior to commencement of the instant lawsuit.” (Doc. 39 at 14.) The magistrate judge determined the evidence—including other submitted and exhausted grievances—showed that “Plaintiff simply failed to assert all of the factual…