Nicholson
Nicholson v. Sando
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
CHARLES NICHOLSON,
Case No. 19-07791 EJD (PR) Plaintiff, ORDER GRANTING MOTION FOR v. SUMMARY JUDGMENT; DENYING MOTION TO STAY
DISCOVERY AS MOOT
D. SANDO,
Defendant. (Docket Nos. 20, 21)
17 Plaintiff, a California state prisoner, filed a pro se civil rights complaints under 42 U.S.C. § 1983 against Correctional Officer D. Sando at Salinas Valley State Prison (“SVSP”), where he was formerly housed. Dkt. No. 1. The Court found the complaint, liberally construed, stated cognizable Eighth Amendment claims, and ordered the matter served on Defendant. Dkt. No. 14. Defendant Sando filed a motion for summary judgment asserting that Plaintiff failed to exhaust administrative remedies before filing this suit. Dkt. No. 20. Defendant
26 1 In support of the motion, Defendant provides the declaration of non-party Howard Moseley, Associate…