Newton

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

THEODORE J. NEWTON, CASE NO. 19cv511-LAB (KSC)

Plaintiff,

ORDER ADOPTING REPORT AND

vs. RECOMMENDATION [Dkt. 25]

OFFICER S. EATMON,

Defendant.

Theodore Newton, a state prison inmate proceeding pro se, brought this Section 1983 action alleging that he was assaulted by Defendant-Officer S. Eatmon. Officer Eatmon moved for summary judgment on the grounds that Newton failed to exhaust his administrative remedies prior to filing this suit. Currently before the Court is Magistrate Judge Crawford’s Report and Recommendation (“R&R”), which recommends that Officer Eatmon’s Motion for Summary Judgment be granted. Dkt. 25. The Court has reviewed Judge Crawford’s R&R, Newton’s objections, and Officer Eatmon’s reply. For the reasons below, the Court ADOPTS IN FULL Judge Crawford’s R&R. Judge Crawford did not err in concluding that summary judgment was warranted based on Newton’s failure to exhaust administrative remedies. The…