Figueroa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEN D. RABB, No. 1:23-cv-00843-JLT-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING PLAINTIFF’S MOTION

13 v. FOR SUMMARY JUDGMENT BE DENIED 14 ESTEVEN FIGUEROA, et al., (ECF No. 30) 15 Defendants. 16 17 Plaintiff Isaiah J. Petillo is appearing pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion for summary judgment, field February 16, 20 2024. (ECF No. 30.) Plaintiff’s motion must be denied. 21 I. 22 DISCUSSION 23 The Prison Litigation Reform Act provides that “[n]o action shall be brought with respect 24 to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in 25 any jail, prison, or other correctional facility until such administrative remedies as are available 26 are exhausted.” 42 U.S.C. § 1997e(a). Exhaustion of…