Greene v. Sanders et al

Filing 36

ORDER ADOPTING 31 FINDINGS and RECOMMENDATIONS, signed by Judge Oliver W. Wanger on 2/17/2009. CASE CLOSED. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 B. SANDERS, 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 November 19, 2008, findings and recommendations were entered, 19 recommending dismissal of this action for Plaintiff's failure to exhaust his available 20 administrative remedies prior to filing suit, pursuant to 42 U.S.C. § 1997 e(a). . On January 29, 21 2009, Plaintiff filed objections to the findings and recommendations. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 23 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 24 entire file, the court finds the findings and recommendations to be supported by the record and 25 proper analysis. 26 1 vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#31) CEDRIC GREENE, Plaintiff, 1: 06 CV 0518 OWW WMW PC IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on November 19, 2008, are adopted in full; and 2. This action is dismissed without prejudice for Plaintiff's failure exhaust his available administrative remedies prior to filing suit. The Clerk is directed to close this case.

IT IS SO ORDERED. Dated: February 17, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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