Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FREDERICK WAYNE SMITH, Case No. 1:22-cv-01580 JLT SAB (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANT’S MOTION FOR SUMMARY

JUDGMENT, AND DISMISSING THE

KATHLEEN ALLISON, et al., ACTION WITHOUT PREJUDICE

Defendants. (Docs. 28, 39) 16 Frederick Wayne Smith seeks to hold R. Rodriguez—the sole remaining defendant—liable for retaliation, deliberate indifference to safety, and denial of access to the courts. (See Doc. 16.) Defendant seeks summary judgment, asserting Plaintiff did not exhaust available administrative remedies. (Doc. 28.) The magistrate judge observed, “Defendant has submitted undisputed evidence that an administrative procedure process was available to Plaintiff.” (Doc. 39 at 6.) The magistrate judge determined it was “undisputed that Plaintiff failed to put the institution or CDCR on notice that Plaintiff claimed retaliation, deliberate indifference, or denial of access…