Leon Banks v. John Doe One et al

Filing 87

ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Andrew J. Guilford re Report and Recommendation (Issued) 86 . IT IS ORDERED THAT: 1) The Report and Recommendation is approved and accepted; 2) Defendant's Motion is granted in part, only on the grounds that Plaintiff has failed to exhaust his administrative remedies; 3) Judgment be entered dismissing this action without prejudice; 4) The Clerk serve copies of this Order and the Judgment on the parties. (kh)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 11 12 LEON BANKS, Plaintiff, 13 v. 14 15 D. LEOS, et al., 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No. LA CV 13-0710 AG (JCG) ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, the 19 20 Magistrate Judge’s Report and Recommendation, and the remaining record. No 21 objections to the Report and Recommendation have been filed. 22 23 // 24 25 // 26 27 28 // 1 Accordingly, IT IS ORDERED THAT: 2 1. The Report and Recommendation is approved and accepted; 3 2. Defendant’s Motion is granted in part, only on the grounds that Plaintiff has failed to exhaust his administrative remedies; 4 5 3. Judgment be entered dismissing this action without prejudice; 6 4. The Clerk serve copies of this Order and the Judgment on the parties. 7 8 DATED: March 26, 2017 9 HON. ANDREW J. GUILFORD UNITED STATES DISTRICT JUDGE 10 11 12 13 Presented by: 14 15 16 _ 17 18 19 20 21 22 23 24 25 26 27 28 _ Hon. Jay C. Gandhi United States Magistrate Judge

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