Sidoti

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JAMES SIDOTI, Case No.: 3:19-cv-01028-GPC-NLS

Plaintiff,

ORDER DENYING DEFENDANTS’

vs. MOTION FOR SUMMARY

JUDGMENT AND VACATING

R. SOLIS; SHEPARD; DANIEL

HEARING DATE

PARAMO; DOES 1-10,

14 Defendants. [ECF No. 27] 15

17 On March 30, 2020, Defendants Correctional Officers A. Shepherd and R. Solis 18 filed a Motion for Summary Judgment. ECF No. 27 (“Mot.”). The Defendants’ motion 19 claimed that Plaintiff James Sidoti (“Plaintiff” or “Sidoti”) failed to exhaust available 20 administrative remedies as to Counts One and Two of the Complaint. Further, Officer 21 Shepard attacked the sufficiency of the facts relating to Count Two which alleges 22 deliberate indifference to medical needs and raised qualified immunity as a defense to the 23 count. Plaintiff filed an opposition on July 17, 2020. ECF No. 38. On July 22, 2020, the 24 Court granted the parties’ joint motion to dismiss Officer A. Shepherd from the case 25 which renders MOOT his motion for summary…