(PC) Blackgold v. KVSP Case Records ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SUTEN BLACKGOLD, ) Case No.: 1:21-cv-0857 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATION 13 v. ) ) (Docs. 25, 26) 14 KERN VALLEY STATE PRISON CASE ) RECORDS, et al., ) 15 ) ) 16 Defendants. ) ) 17 18 Suten Blackgold seeks to hold the defendants liable for violations of civil rights at Kern Valley 19 State Prison pursuant to 42 U.S.C. § 1983. (See Doc. 1.) On July 1, 2022, Plaintiff filed an 20 “exhaustion motion [for] summary judgment” pursuant to Rule 56 of the Federal Rules of Civil 21 Procedure. (Doc. 25.) 22 The assigned magistrate judge determined Plaintiff’s motion was “procedurally deficient as it 23 does not include a statement of undisputed facts, any supporting affidavits or declarations, and does 24 not cite to all of the relevant portions of the record as required by Rule 56(c) of the Federal Rules of 25 Civil Procedure.” (Doc. 26 at 1.) Due to the procedural deficiencies, the magistrate judge 26 recommended Plaintiff’s motion for summary judgment be denied on July 5, 2022. (Id. at 2.) 27 Plaintiff filed timely objections to the Findings and Recommendations on July 20, 2022. (Doc. 28 27.) With the objections, Plaintiff submits evidence—including communications and 602 forms 1 || concerning their legal name change and nonbinary gender identity—to support the conclusion that th: 2 || administrative remedies have been exhausted. (See generally Doc. 27.) However, this does not cure 3 || the procedural deficiencies identified by the magistrate judge. Moreover, as the magistrate judge 4 || observed, exhaustion is an affirmative defense, and the defendants will have the burden of raising anc 5 || proving Plaintiff failed to exhaust administrative remedies. See Jones v. Bock, 549 U.S. 199, 216 6 || (2007); Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014).) 7 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the case. 8 || Having carefully reviewed the entire matter, including Plaintiff's objections, the Court concludes the 9 || Findings and Recommendations are supported by the record and by proper analysis. Accordingly, th 10 || Court ORDERS: 11 1. The Findings and Recommendations issued on July 20, 2022 (Doc. 26), are 12 ADOPTED in full; and 13 2. Plaintiff's motion for summary judgment (Doc. 25) is DENIED. 14 15 IS SO ORDERED. 16 || Dated: _ September 4, 2022 ( LAW pA L. wan 17 TED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28