Hightower v. Schwarzenegger, et al

Filing 121

ORDER signed by Judge Oliver W. Wanger on 8/29/2009 adopting 116 FINDINGS AND RECOMMENDATIONS; granting 69 Motion to Dismiss and dismissing claims against Defendant, P. Figueroa without prejudice.(Lundstrom, T)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 Plaintiff, Thomas Hightower, a state prisoner proceeding pro se and in forma pauperis, has 17 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 18 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 19 On July 10, 2009, the Magistrate Judge filed a Findings and Recommendations herein which 20 was served on the parties and which contained notice to the parties that any objections to the 21 Findings and Recommendations were to be filed within thirty days. On August 13, 2009, Plaintiff 22 filed objections. Defendants have not filed objections. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 25 and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, the Court HEREBY ORDERS: 27 1. 28 1 The Findings and Recommendations, filed July 10, 2009, is adopted in full; / v. ARNOLD SCHWARZENEGGER, et. al., (Docs. 69, 116) Defendants. OBJECTIONS DUE IN THIRTY (30) DAYS THOMAS HIGHTOWER, Plaintiff, CASE NO. 1:04-cv-06028-OWW-SMS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CLAIMS AGAINST DEFENDANT FIGUEROA WITHOUT PREJUDICE

UNITED STATES DISTRICT COURT

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2.

Defendant Figueroa's un-enumerated 12b Motion to Dismiss for failure to exhaust administrative remedies, filed October 27, 2008, is GRANTED; and

3.

Plaintiff's claim against Defendant Figueroa is dismissed without prejudice, pursuant to 42 U.S.C. sect 1997e(a).

IT IS SO ORDERED. Dated: August 29, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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