Bowermen

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AMY MOSS, No. 1:18-cv-1191 JLT BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT, DISMISSING THE ACTION

BOWERMEN, et al., WITHOUT PREJUDICE, AND DIRECTING

THE CLERK OF COURT TO CLOSE THE

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