Patkins

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID C. PATKINS, Case No. 18-cv-05139-EMC

Plaintiff,

ORDER GRANTING IN PART

v. DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT; AND

J. FERGUSON, SETTING BRIEFING SCHEDULE Defendant. Docket No.

12 13 I. INTRODUCTION In this pro se prisoner’s civil rights action, David Patkins alleges a retaliation claim against J. Ferguson. Defendant Ferguson now moves for summary judgment on the ground that administrative remedies were not exhausted for some parts of Mr. Patkins’ retaliation claim. Mr. Patkins opposes the motion. For the reasons discussed below, Defendant’s motion for summary judgment will be granted in part and denied in part. The Court also will set a briefing schedule for any motion for summary judgment on the merits. II. BACKGROUND A. The Alleged Retaliatory Conduct Mr. Patkins alleges in his complaint that he worked as a…