(PC)Boone

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EMANUEL LEWIS BOONE, Case No. 1:20-cv-01282-JLT-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

GRANTING DEFENDANT’S MOTION FOR

13 v. SUMMARY JUDGMENT ON EXHAUSTION

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

15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 FINDINGS AND RECOMMENDATIONS 18 I. Background 19 Plaintiff Emanuel Lewis Boone (“Plaintiff”) is a state prisoner proceeding pro se and in 20 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 21 Plaintiff’s first amended complaint against Defendants Jang, Stewart, and Lai (“Defendants”) for 22 deliberate indifference to medical care in violation of the Eighth Amendment. 23 On May 25, 2021, Defendants filed a motion for summary judgment on the ground that 24 Plaintiff failed to exhaust his prisoner administrative remedies as required by the Prison Litigation 25 Reform Act for his Eighth Amendment claims against Defendants.1 …