Moore v. Snell et al

Filing 36

ORDER ADOPTING 31 FINDINGS and RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 2/5/2009. CASE CLOSED. (Sondheim, M)

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1 2 3 4 5 6 7 8 9 10 11 D. SNELL, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) and Local 17 Rule 72-302. 18 On August 28, 2008, findings and recommendations were entered, recommending 19 dismissal of this action for Plaintiff's failure to exhaust his available administrative remedies 20 pursuant to 42 U.S.C. 1997e(a). Plaintiff was provided an opportunity to file objections within 21 thirty days. On October 9 and October 24, 2008, Plaintiff filed objections to the findings and 22 recommendations. 23 In accordance with the provisions of 28 U.S.C. 636 (b)(1)(B) and Local Rule 24 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#31) GEORGE D. MOORE, Plaintiff, 1: 05 CV 1009 LJO WMW PC IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on August 28, 2008, are adopted in full; and 2. This action is dismissed for Plaintiff's failure to exhaust his available administrative remedies prior to filing suit. The Clerk is directed to close this case. IT IS SO ORDERED. Dated: b9ed48 February 5, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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