(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, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS IN FULL, GRANTING 13 v. ) DEFENDANT’S MOTION FOR SUMMARY ) JUDGMENT ON EXHAUSTION, DISMISSING 14 STEWART, et al., ) THE FIRST AMENDED COMPLAINT, AND ) DIRECTING THE CLERK OF COURT TO CLOSE 15 Defendants. ) THE CASE ) 16 ) (Docs. 25, 33)

17 Emanuel Lewis Boone seeks to the defendants liable for medical deliberate indifference in 18 violation of his rights arising under the Eighth Amendment. (See Docs. 10, 14.) Defendants moved for 19 summary judgment, asserting Plaintiff failed to exhaust his available administrative remedies as 20 required by the Prison Litigation Reform Act. (Doc. 25.) 21 The magistrate judge found there is no dispute of material fact that Plaintiff failed to fully 22 exhaust his administrative remedies as to his claim against Defendant. (Doc. 33.) Specifically,…