Bowermen

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AMY MOSS, No. 1:18-cv-1191 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

13 v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT, DISMISSING THE ACTION

14 BOWERMEN, et al., WITHOUT PREJUDICE, AND DIRECTING

THE CLERK OF COURT TO CLOSE THE

15 Defendants. CASE (Docs. 33, 43) 16 17 Amy Moss seeks to hold the defendants liable for violations of her civil rights action 18 pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s claims against Defendants 19 Mount and Gaona1 for excessive force in violation of the Eighth Amendment. (Doc. 16 at 3; see 20 also Doc. 12.) Defendants moved for summary judgment, asserting “Plaintiff failed to exhaust 21 available administrative remedies as required under the Prison Litigation Reform Act.” (Doc. 33.) 22 The magistrate judge noted Plaintiff identified three inmate appeals, which the magistrate 23 judge found did not exhaust the claims in issue. (Doc.…