Figueroa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEN D. RABB, Case No. 1:23-cv-0843 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDTIONS DENYING

13 v. PLAINTIFF’S MOTION FOR SUMMARY

JUDGMENT

14 ESTEVEN FIGUEROA, et al., (Docs. 30, 31) 15 Defendants. 16 17 Isaiah J. Petillo seeks to hold the defendants, both correctional officers at Kern Valley 18 State Prison, liable for violations of his civil rights action filed pursuant to 42 U.S.C. § 1983. 19 (See generally Doc. 1.) Plaintiff filed a motion for summary judgment relating to exhaustion of 20 the administrative remedies under the Prison Litigation Reform Act. (Doc. 30.) The magistrate 21 judge recommended that Plaintiff’s motion for summary judgment be denied, after finding that 22 Plaintiff “is not required to plead and/or prove exhaustion of the administrative remedies because 23 it is an affirmative defense.” (Doc. 31 at 1-2.) 24 The Court served the Findings and Recommendations on the parties and notified them that 25 …