(PC)Boone

(PC)Boone v. Stewart

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20241:20-cv-01282California2,903 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EMANUEL LEWIS BOONE, Case No. 1:20-cv-01282-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

GRANTING DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT ON EXHAUSTION

STEWART, et al., (ECF No. 25)

Defendants. FOURTEEN (14) DAY DEADLINE 16 FINDINGS AND RECOMMENDATIONS I. Background Plaintiff Emanuel Lewis Boone (“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 Defendants Jang, Stewart, and Lai (“Defendants”) for deliberate indifference to medical care in violation of the Eighth Amendment. On May 25, 2021, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his prisoner administrative remedies as required by the Prison Litigation Reform Act for his Eighth Amendment claims against Defendants.1 …

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