(PC) Wilson v. Delano State Prison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER JOHN WILSON, Case No. 1:21-cv-01651-KES-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY DEFENDANTS’ MOTION FOR

13 v. SUMMARY JUDGMENT CONCERNING

EXHAUSTION PENDING HEARING

14 DELANO STATE PRISON, et al., (Doc. 37) 15 Defendants. 14-DAY OBJECTION PERIOD 16

17 18 Plaintiff Christopher John Wilson is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This action proceeds on 20 Plaintiff’s Eighth Amendment excessive force claims against Defendants Sharps and Ward. (See 21 Doc. 30.)1 22 I. INTRODUCTION 23 Following service of process, Defendants Sharps and Ward filed a motion for leave to file 24 a pre-answer motion for summary judgment on the grounds that Plaintiff failed to exhaust 25 administrative remedies. (Doc. 32.) On October 5, 2023, the Court issued its Order Granting Ex 26 Parte Motion For Leave To File Early Motion For Summary Judgment And To…