Lopez v. Adams et al

Filing 37

ORDER ADOPTING 36 FINDINGS AND RECOMMENDATIONS IN FULL and DENYING 25 Defendants' Motion to Dismiss for Failure to Exhaust Administrative Remedies, signed by District Judge Lawrence J. O'Neill on 7/14/2009. Defendants' Answer to Plaintiff's Complaint due by 8/3/2009. (Jessen, A)

1 2 3 4 RAFAEL LOPEZ, 5 Plaintiff, 6 v. 7 DERRAL G. ADAMS, et al., 8 Defendants. 9 / 10 11 Plaintiff Rafael Lopez, a state prisoner proceeding pro se and in forma pauperis, has filed 12 this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 13 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 14 On June 3, 2009, the Magistrate Judge filed a Findings and Recommendations herein 15 which was served on the parties and which contained notice to the parties that any objections to 16 the Findings and Recommendations were to be filed within thirty days. The parties have not 17 filed timely objections to the Findings and Recommendations. 18 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 19 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 20 Findings and Recommendations to be supported by the record and by proper analysis. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. 23 2. 24 filed June 16, 2008, is DENIED; and 25 3. 26 27 28 1 Dated: b9ed48 Defendants' answer to Plaintiff's complaint is due within twenty (20) days of service of this order. IT IS SO ORDERED. July 14, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE Defendants' motion to dismiss for failure to exhaust administrative remedies, The Findings and Recommendations, filed June 3, 2009, is adopted in full; (Doc. 36) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES CASE NO. 1:07-cv-00808-LJO-DLB PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA