Griffith

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIC WARREN, Case No. 1:21-cv-0120 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN FULL,

13 v. GRANTING DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT, DISMISSING THE

14 N. NDU, SECOND AMENDED COMPLAINT, AND

DIRECTING THE CLERK OF COURT TO

15 Defendant. CLOSE THE CASE 16 (Docs. 25, 33) 17 18 Eric Warren seeks to hold Dr. Ndu liable for medical deliberate indifference in violation 19 of his rights arising under the Eighth Amendment. (See Docs. 13, 14.) Defendant moved for 20 summary judgment, asserting Plaintiff failed to exhaust his available administrative remedies. 21 (Doc. 25.) 22 The magistrate judge found there is no dispute of material fact that Plaintiff failed to fully 23 exhaust his administrative remedies as to his claim against Defendant. (Doc. 33.) Specifically, 24 the magistrate judge determined the undisputed evidence demonstrates that…