Hoyt

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHNAE HOYT Case No.: 3:19-cv-1553-L-AHG

CDCR #K67211,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANTS’ vs. MOTION FOR SUMMARY

JUDGMENT FOR FAILURE

TO EXHAUST PURSUANT GEORGE VALDOVINOS, et. al., TO 42 U.S.C. § 1997e(a) 16 Defendants. [ECF No. 35] 17 18 19 Johnae Hoyt (“Plaintiff”) is currently incarcerated at R. J. Donovan Correctional Facility located in San Diego, California, and is represented by counsel in this civil action pursuant to 42 U.S.C. § 1983. I. Procedural Background Plaintiff initially filed his civil rights Complaint pursuant to 42 U.S.C. § 1983 on August 16, 2019, quickly followed by an Amended Complaint on September 6, 2019, and a Third Amended Complaint (“TAC”) on October 7, 2019. (ECF Nos. 1, 5, 11, 12.) Hoyt did not prepay the civil filing fee required to commence a civil action at the time he filed 28 his Complaint; instead, he…