(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-00857-JLT-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATION 13 v. ) REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 14 KERN VALLEY STATE PRISON CASE ) RECORDS, et al., ) (ECF No. 25) 15 ) ) 16 Defendants. ) ) 17 ) 18 Plaintiff Suten Blackgold is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 19 1983. 20 Currently before the Court is Plaintiff’s “exhaustion” motion for summary judgment, filed July 21 1, 2022. (ECF No. 25.) Although the time for filing an opposition has not expired, the Court deems 22 Plaintiff’s motion suitable for review without an opposition. 23 Plaintiff's motion for summary judgment is procedurally deficient as it does not include a 24 statement of undisputed facts, any supporting affidavits or declarations, and does not cite to all of the 25 relevant portions of the record as required by Rule 56(c) of the Federal Rules of Civil Procedure. 26 See ECF No. 25. In addition, Plaintiff is advised the failure to exhaust the administrative remedies is 27 an affirmative defense, and Defendants bear the burden of raising and proving the absence of 28 1 || exhaustion. Jones v. Bock, 549 U.S. 199, 216 (2007); Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2 2014). Accordingly, Plaintiff's “exhaustion” motion for summary judgment should be denied. 3 This Findings and Recommendation will be submitted to the United States District Judge 4 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days 5 || after being served with this Findings and Recommendation, the parties may file written objections 6 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 7 || Recommendation.” The parties are advised that failure to file objections within the specified time m< 8 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 9 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 11 ||IT IS SO ORDERED. Al (Se 12 lated: _ July 5, 2022 IF 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28