Rhodes

Rhodes v. Ford

Good Law
United States District Court, Northern District of CaliforniaSeptember 12, 20224:20-cv-03128California3,691 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KAVIN MAURICE RHODES, Case No. 20-cv-03128-PJH

Plaintiff,

ORDER

v. 9 Re: Dkt. Nos. 56, 79 D. FORD, et al., Defendants.

12 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. He alleges that defendants failed to protect him and retaliated against him for his protected conduct. Defendants filed a motion for summary judgment on administrative exhaustion grounds. Plaintiff filed an opposition and defendants filed a reply. On May 4, 2022, the court addressed the substance of the summary judgment motion and found that several of plaintiff’s grievances failed to exhaust his administrative remedies. Docket No. 69 at 7-9. The court also found that administrative remedies were unavailable for three grievances due to the lengthy delay in the third level of review providing a response, and were thus considered exhausted. Id. at 9-11. However, it was unclear which of plaintiff’s ten claims were exhausted by those three…

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