(PC)Boone
(PC)Boone v. Stewart
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
EMANUEL LEWIS BOONE, ) Case No.: 1:20-cv-01282 JLT BAM (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS IN FULL, GRANTING v. ) DEFENDANT’S MOTION FOR SUMMARY ) JUDGMENT ON EXHAUSTION, DISMISSING STEWART, et al., ) THE FIRST AMENDED COMPLAINT, AND ) DIRECTING THE CLERK OF COURT TO CLOSE Defendants. ) THE CASE ) ) (Docs. 25, 33)
Emanuel Lewis Boone seeks to the defendants liable for medical deliberate indifference in violation of his rights arising under the Eighth Amendment. (See Docs. 10, 14.) Defendants moved for summary judgment, asserting Plaintiff failed to exhaust his available administrative remedies as required by the Prison Litigation Reform Act. (Doc. 25.) The magistrate judge found there is no dispute of material fact that Plaintiff failed to fully exhaust his administrative remedies as to his claim against Defendant. (Doc. 33.) Specifically,…