Knight

(PC) Martin v. Knight

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20241:22-cv-01582California1,256 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 OMAR MARTIN, Case No. 1:22-cv-01582-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

v.

ACTION, WITHOUT PREJUDICE, FOR

KNIGHT, et al., FAILURE TO PROSECUTE AND FAILURE

TO OBEY COURT ORDER

Defendants. (ECF No. 43)

FOURTEEN (14) DAY DEADLINE

17 18 Plaintiff Omar Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant Knight (“Defendant”) for deliberate indifference in violation of the Eighth Amendment for the incident on April 10, 2020. I. Background On January 26, 2024, Defendant filed a motion for summary judgment on the grounds that Plaintiff failed to exhaust his administrative remedies prior to filing suit. (ECF No. 40.) In the Court’s second information order, Plaintiff was provided with notice of the requirements for…

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