Granted. Moving party, Dr. Truong, meets his initial burden by demonstrating that Plaintiff failed to exhaust her administrative remedies. Plaintiff’s September 9, 2016, Form 2016 does not identify Dr. Truong, and, as such, Plaintiff’s administrative remedies cannot be deemed exhausted as to Dr. Truong. (15 CCR § 3084.1(b).) Further, even leaving aside the failure to identify Dr. Truong in the Form 602, as is required under 15 CCR § 3084.2(a)(3), Plaintiff’s grievance is not directed to any medical care she received from Dr. Truong; rather, Plaintiff’s grievance is directed to the condition of the showers at CIW, the use of an inappropriate wheelchair and the lack of a mobile transport. (See Gates Decl., Exhibit B., p. 5-7.) In addition, it is not even clear that Dr. Truong had provided any post-surgical care to Plaintiff at the time she submitted the Form 602. Moreover, even if the September 9, 2016, Form 602 were construed as a grievance regarding the medical care provided by Dr. Tru
Hearing Date
July 30, 2019
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Granted. Moving party, Dr. Truong, meets his initial burden by demonstrating that Plaintiff failed to exhaust her administrative remedies. Plaintiff’s September 9, 2016, Form 2016 does not identify Dr. Truong, and, as such, Plaintiff’s administrative remedies cannot be deemed exhausted as to Dr. Truong. (15 CCR § 3084.1(b).) Further, even leaving aside the failure to identify Dr. Truong in the Form 602, as is required under 15 CCR § 3084.2(a)(3), Plaintiff’s grievance is not directed to any medical care she received from Dr. Truong; rather, Plaintiff’s grievance is directed to the condition of the showers at CIW, the use of an inappropriate wheelchair and the lack of a mobile transport. (See Gates Decl., Exhibit B., p. 5-7.) In addition, it is not even clear that Dr. Truong had provided any post-surgical care to Plaintiff at the time she submitted the Form 602. Moreover, even if the September 9, 2016, Form 602 were construed as a grievance regarding the medical care provided by Dr. Tru