Lawhorn

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ, Case No. 1:21-cv-01602-JLT-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION FOR

13 v. SUMMARY JUDGMENT FOR

PLAINTIFF’S FAILURE TO EXHAUST

14 D. LAWHORN, et al., ADMINISTRATIVE REMEDIES

15 Defendants. (Doc. 37)

16

17 18 Plaintiff Ricardo Martinez is a state prisoner proceeding pro se in this civil rights action 19 brought pursuant to 42 U.S.C. § 1983. 20 I. INTRODUCTION 21 On May 31, 2023, the Court issued its Discovery and Scheduling Order. (Doc. 33.) 22 Relevant here, the order set a September 30, 2023 deadline for the filing by Defendants of any 23 motion for summary judgment on the grounds of failure to exhaust administrative remedies. (Id.) 24 On September 29, 2023, Defendants filed their motion for summary judgment based on 25 Plaintiff’s failure to exhaust administrative remedies. (Doc. 37.) 26 On November 6, 2023, the Court issued its Order to Show Cause…