Newton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THEODORE J. NEWTON, Case No.: 19CV511-LAB(KSC)

12 Plaintiff, REPORT & RECOMMENDATION v. RE: DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT

S. EATON, [Doc. No. 13] Defendant 16 17 18 19 Plaintiff Theodore J. Newton is proceeding pro se and in forma pauperis (IFP) in this civil rights action pursuant to Title 42, United State Code, Section 1983, alleging that his rights under the Eighth Amendment were violated when defendant S. Eaton assaulted and used excessive force against him on multiple occasions. [Doc. No. 1.] Before the Court is defendant’s Motion for Summary Judgment. [Doc. No. 13.] Defendant argues judgment should be entered in his favor, because plaintiff failed to exhaust his administrative remedies before filing his Complaint in this action. [Doc. No. 13, at pp. 13-14.] Plaintiff has filed three submissions in opposition to defendant’s 28 Motion for Summary Judgment. [Doc. Nos. 17, 20 & 21.]…