Slamen

INTRODUCTION

15 Plaintiff Mark Slamen alleges in this 42 U.S.C. § 1983 action that a prison guard, 16 defendant H. Castaneda, violated his Eighth Amendment rights by using excessive force 17 on him and by denying him medical care. Slamen also contends that Castaneda’s actions 18 constituted retaliation under the First Amendment. Castaneda now moves for summary 19 judgment on grounds that Slamen did not exhaust his administrative remedies for his 20 Eighth Amendment medical care and First Amendment claims. Slamen filed no response. 21 I will grant summary judgment: Slamen did not exhaust his administrative 22 remedies regarding his First Amendment or medical care claims, though he did exhaust his 23

25 1 Slamen had also sued another correctional officer, Valencia. I mistakenly included Valencia as being susceptible to service in the screening order in this case even though he 26 is not mentioned in the Complaint as being involved in the October 2020 incident that Slamen identified in his grievance; he was involved in a separate incident in November, 27 2020, over which Slamen would need to file a separate lawsuit. (Order of Service, Dkt. excessive force claims. …