Starr

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 YASYN WHITE-SOTO, Case No. 1:19-cv-00457-JLT-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

GRANTING DEFENDANT’S MOTION FOR

13 v. SUMMARY JUDGMENT (EXHAUSTION)

14 STARR, (ECF No. 33)

15 Defendant. FOURTEEN (14) DAY DEADLINE 16 17 FINDINGS AND RECOMMENDATIONS 18 I. Background 19 Plaintiff Yasyn White-Soto (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against 21 Defendant Starr (“Defendant”) for excessive force in violation of the Eighth Amendment and 22 retaliation in violation of the First Amendment. 23 On June 18, 2020, Defendant filed a motion for summary judgment on the ground that 24 Plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform 25 Act before filing his complaint in the instant case.1 (ECF No. 33.) Following several extensions 26…