Pruitt

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MALCOLM TANDY LAMON STROUD, Case No. 1:17-cv-01659-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATION TO

DENY DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT RE: EXHAUSTION

PRUITT, et al., (ECF No. 29) Defendants. FOURTEEN (14) DAY DEADLINE 16 FINDINGS AND RECOMMENDATION I. Background Plaintiff Malcolm Tandy Lamon Stroud, aka Treasure Stroud, (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant Pruitt for sexual abuse in violation of the Eighth Amendment and against Defendants Pruitt and Smith for discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. On December 9, 2019, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to exhaust administrative remedies as required by…