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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO AMADOR GONZALEZ, No. 2:17-CV-0176-WBS-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CLOUGH, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil rights action under 42 U.S.C. 18 §1983. Pending before the Court is Defendants’ unopposed motion for partial summary 19 judgement based on failure to exhaust administrative remedies as to certain defendants. See ECF 20 No 89. Also before the Court is Defendant Sparks’ motion for judgment on the pleadings. See 21 ECF No. 88. Plaintiff has filed objections to Defendant Sparks’ motion. See ECF No. 91. 22 23 I. BACKGROUND 24 This action proceeds on Plaintiff’s seventh amended complaint. See ECF No. 62. 25 Defendants filed a motion to dismiss some of Plaintiff’s claims, which was granted. See ECF 26 Nos. 71, 72. Plaintiff’s surviving claims are Eighth Amendment claims against Defendants 27 Grinde, Bodenhamer, and Clough…