Morley

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMY DELPHIN, Case No. 1:19-cv-01076-SKO (PC) 12 Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

13 v. (Doc. 96) 14 J. MORLEY, et al., 15 Defendants. 16 17 Plaintiff Jeremy Delphin is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action filed pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s Eighth 19 Amendment claims of excessive force and/or failure to intercede against Defendants Morley, 20 Villalobos, Banuelos, and Brown, and claims of deliberate indifference to serious medical needs 21 against Defendants Brown and Stewart. 22 I. RELEVANT BACKGROUND1 23 On March 13, 2023, Defendants filed a motion for summary judgment, alleging Plaintiff 24 has failed to exhaust his administrative remedies. (Doc. 96.) Plaintiff filed an opposition on May 25 18, 2023 (Doc. 108), and Defendants filed a reply on May 30, 2023 (Doc. 109). 26

27 1 On March 21, 2023, this action was reassigned to the undersigned…