Hightower v. Schwarzenegger, et al

Filing 168

ORDER Adopting 166 Findings and Recommendations to Deny Defendants' 151 Motion to Dismiss for Failure to Exhaust Administrative Remedies, signed by Judge Oliver W. Wanger on 8/18/11. 30 Day Deadline for Defendants Dr. Nyguen and Dr. Wu to Respond to Third Amended Complaint. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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THOMAS HIGHTOWER,

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CASE NO. 1:04-cv-06028-OWW-SKO PC

Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
DEFENDANTS’ MOTION TO DISMISS FOR
FAILURE TO EXHAUST ADMINISTRATIVE
REMEDIES

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v.
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ARNOLD SCHWARZENEGGER, et al.,
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Defendants.

(Docs. 151 & 166)

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30 DAY DEADLINE FOR DEFENDANTS
DR. NYGUEN AND DR. WU TO RESPOND
TO THIRD AMENDED COMPLAINT

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/

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Plaintiff Thomas Hightower is a state prisoner proceeding pro
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se and in forma pauperis in this civil rights action pursuant to 42
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U.S.C. §

1983.

The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
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Rule 302.
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June 30, 2011, the Magistrate Judge filed a Findings and
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Recommendations

to

deny

Defendants’

motion

to

dismiss

for

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Plaintiff’s failure to exhaust his administrative remedies prior to
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filing suit (Doc. 151) which was served on the parties and which
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contained notice to the parties that any objections to the Findings
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and Recommendations were to be filed within thirty days.
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(Doc.

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166.)

Neither side filed objection(s).

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C),

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this Court has conducted a de novo review of this case.

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carefully reviewed the entire file, the Court finds the Findings

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and Recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Having

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the Findings and Recommendations, filed June 30, 2011
(Doc. 166), is adopted in full;

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the motion to dismiss filed by Defendants Dr. Nyguen and

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Dr. Wu for Plaintiff’s failure to exhaust available

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administrative

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Procedure 12(b), filed December 3, 2010 (Doc. 151) is

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DENIED WITH PREJUDICE; and

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3.

remedies

under

Federal

Rule

of Civil

Defendants Dr. K. Nyguen and Dr. S. Wu are ordered to

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file a response to the Third Amended Complaint (Doc.

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141) within thirty (30) days of the date of service of

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this order.

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IT IS SO ORDERED.

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Dated:
August 18, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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