(PC) Wilson v. Delano State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JOHN WILSON, Case No. 1:21-cv-01651-KES-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT CONCERNING

EXHAUSTION PENDING HEARING

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

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