Phui

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY B. DAVIS, Case No. 1:20-cv-00276-NODJ-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

GRANT DEFENDANTS CHANZA, CRYER,

v. AND SHERMAN’S EXHAUSTION BASED

MOTION FOR SUMMARY JUDGMENT1

DR. UGWUEZE, KHUONG PHUI, C. CRYER, JR., STUART SHERMAN, and (Doc. No. 71) L. CHANZA, 14-DAY DEADLINE Defendants. 17 18 Pending before the Court is the exhaustion based Motion for Summary Judgment filed by Defendants Dr. L. Chanza, C. Cryer, Jr., and Stuart Sherman on August 21, 2023. (Doc. No. 71, “MSJ”). Plaintiff, who is represented by counsel, filed an Opposition, (Doc. No. 78), and Defendants filed a Reply. (Doc. No. 79). The undersigned, finding no dispute of material fact, recommends Defendants’ MSJ be granted. I. BACKGROUND A. Summary of Plaintiff’s Complaint Plaintiff Kelly B. Davis (“Plaintiff” or “Davis”), a state prisoner, initiated this action by

27 1 This matter was…