Morley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY DELPHIN, Case No. 1:19-cv-01076-SKO (PC) Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

v. (Doc. 96) J. MORLEY, et al., Defendants. 16 Plaintiff Jeremy Delphin is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth Amendment claims of excessive force and/or failure to intercede against Defendants Morley, Villalobos, Banuelos, and Brown, and claims of deliberate indifference to serious medical needs against Defendants Brown and Stewart. I. RELEVANT BACKGROUND1 On March 13, 2023, Defendants filed a motion for summary judgment, alleging Plaintiff has failed to exhaust his administrative remedies. (Doc. 96.) Plaintiff filed an opposition on May 18, 2023 (Doc. 108), and Defendants filed a reply on May 30, 2023 (Doc. 109).

1 On March 21, 2023, this action was reassigned to the undersigned…