Wimberly

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CRAIG ERVIN WIMBERLY, Case No. 19-cv-08316-SI

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

A. CUEVAS, Re: Dkt. No. 19 Defendant.

12 This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983 in which Craig Wimberly alleges that correctional sergeant Cuevas retaliated against him. Cuevas now moves for summary judgment on the ground that Wimberly did not exhaust administrative remedies before filing this action. Wimberly opposes the motion, arguing that he did exhaust and, alternatively, that he was excused from exhausting because he feared retaliation. For the reasons discussed below, the motion for summary judgment will be granted and the action will be dismissed. 19 BACKGROUND A. The Retaliation Claim Asserted Wimberly alleges the following in his amended complaint: He worked as a porter in a visiting room at San Quentin State Prison and…