Fanaro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEARHAMEL JORDAN FANARO, Case No. 3:19-cv-03247-WHO

Plaintiff,

ORDER DENYING DEFENDANT

v. LEON’S MOTION FOR SUMMARY

JUDGMENT

COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 42 Defendants.

12 Plaintiff Jearhamel Fanaro brings claims against several defendants and the County of Contra Costa over an alleged assault that occurred while he was housed in the County’s Martinez Detention Facility. As relevant for this motion, Fanaro asserts that defendant inmate Thomas Leon was one of his attackers. On November 12, 2019, Leon filed a motion to dismiss and a motion for summary judgment. Motion in Answer to Plaintiff’s Motion to Strike,1 Motion to Dismiss (“Mot.”) [Dkt. No. 42]. First he argues that I should dismiss Fanaro’s second amended complaint because he failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997. Mot. 2. But the exhaustion requirement only applies to individuals who are…