Torres v. Evans

Filing 24

ORDER, signed by District Judge Frank R. Zapata on 5/30/13. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MANUEL TAMAYO TORRES,

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Plaintiff,

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vs.

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MIKE EVANS, ET AL.,

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Defendants.

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No. CV 1-08-00748-FRZ
ORDER

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Pending before the Court is Defendants’ Motion to Dismiss (Doc. 16) pursuant to

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Rule 12(b) of the Federal Rules of Civil Procedure for failure to exhaust prison

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administrative remedies as required by 42 U.S.C. § 1997e(a).

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The Court provided Plaintiff with the required notice pursuant to Wyatt v. Terhune,

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315 F.3d 1108, 1120 n.14 (9th Cir. 2003), advising Plaintiff, in relevant part, that if he failed

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to submit evidence in opposition to the motion, demonstrating that all available

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administrative remedies were exhausted and that no administrative remedies were available,

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the claims addressed in the motion will be dismissed without a trial; and furthermore, failure

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to respond to Defendants’ motion to dismiss may be deemed as a consent to the granting of

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the motion without further notice and judgment may be entered dismissing this action

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without prejudice. See Brydges v. Lewis, 18 F.3d 651 (9th Cir. 1994).

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Plaintiff failed to file a response in opposition.

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Based on the foregoing,

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IT IS ORDERED that Defendants’ Motion to Dismiss (Doc. 16) is deemed submitted
and is hereby GRANTED;
IT IS FURTHER ORDERED that all remaining claims at issue against remaining
Defendants Snyder, Pool and Elier are DISMISSED without prejudice;

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IT IS FURTHER ORDERED that all other matters are denied as moot;

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IT IS FURTHER ORDERED that the Clerk of Court enter judgment accordingly.

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DATED this 30th day of May, 2013.

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