Prado

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LUIS PRADO, Case No. 22-cv-02517-AMO (PR)

8 Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT;

9 v. AND ADDRESSING OTHER PENDING

MOTIONS

10 OFFICER T. SULLIVAN, Re: Dkt. Nos. 33, 40, 43 Defendant. 11

12 Before the Court is Defendant Officer T. Sullivan’s motion for summary judgment under 13 Federal Rule of Civil Procedure 56 on the grounds that Plaintiff Luis Prado failed to properly 14 exhaust available administrative remedies before filing suit, as required by the Prison Litigation 15 Reform Act (“PLRA”).1 Dkt. 33. 16 I. BACKGROUND 17 A. Prado’s Eighth Amendment Claim 18 On April 26, 2022, Prado, a prisoner at the Correctional Training Facility (“CTF”), filed a 19 pro se complaint under 42 U.S.C. § 1983 alleging an Eighth Amendment claim against Defendant. 20 Dkt. 1. 21 Prado alleges the following: On or about November 30, 2020, Prado was assigned to a 22 single cell when Defendant ordered him to take a cellmate from…