Opinion
2:20-05935 JFW (ADS)
08-05-2022
KENYATTA Q. MITCHELL, Plaintiff, v. D. MELO, et al., Defendants.
ORDER ACCEPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THE HONORABLE JOHN F. WALTER, United States District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed Defendants' Motion for Summary Judgment, (Dkt. No. 44), all opposition and reply papers, (Dkt. Nos. 63-65), and the Report and Recommendation of United States Magistrate Judge, (Dkt. No. 71). On August 2, 2022, Defendants filed objections. (Dkt. No. 73.) The Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections were made. The Court accepts the findings and recommendations of the Magistrate Judge.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation is accepted, (Dkt. No. 71); and
2. The Motion for Summary Judgment is denied, (Dkt. No. 44).
A separate order will be issued setting the evidentiary hearing to resolve the issue of whether Plaintiff has exhausted his administrative remedies as required under the Prison Litigation Reform Act. See Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (“If summary judgment is not appropriate, the district judge may decide disputed questions of fact in a preliminary proceeding.”).