(PC)Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACOB CALVIN JONES, No. 2:21-cv-01576-DAD-CKD P 12 Plaintiff, 13 v. ORDER AND 14 ERIC GONZALES, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a former county inmate proceeding pro se and in forma pauperis in this civil 18 rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is defendant 19 Diaz’s motion to dismiss the complaint based on plaintiff’s failure to exhaust his administrative 20 remedies prior to filing suit. ECF No. 16. Plaintiff has not opposed the motion. For the reasons 21 explained in further detail below, the undersigned recommends granting defendant Diaz’s motion 22 to dismiss. 23 I. Procedural History 24 This case is proceeding on a Fourteenth Amendment excessive force claim against 25 defendant Diaz based on events occurring at the Shasta County Jail while plaintiff was a pretrial 26 detainee. See ECF No. 8 (screening order). The remaining defendants were…