Ramon Reymundo v. James Hartley

Filing 39

ORDER Adopting Findings And Recommendations And Granting Defendant's Motion To Dismiss (Docs. 28 , 34 ), signed by Senior Judge Oliver W. Wanger on 9/6/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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RAMON REYMUNDO,

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CASE NO. 1:08-CV-01900-OWW-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT’S MOTION TO DISMISS

v.
JAMES HARTLEY, et al.,

(DOCS. 28, 34)

Defendants.

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/

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Plaintiff Ramon Reymundo (“Plaintiff”) is a former California state prisoner proceeding pro

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se in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against

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Defendant Bouhaben. On December 9, 2010, Defendant Bouhaben filed a motion to dismiss for

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Plaintiff’s failure to exhaust administrative remedies. Doc. 28. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 4, 2011, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that any objection to the Findings and

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Recommendations was to be filed within fourteen days. Doc. 34. Neither party filed a timely

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Objection to the Findings and Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed August 4, 2011, is adopted in full;

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Defendant Bouhaben’s motion to dismiss, filed December 9, 2011, is GRANTED in

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full;
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This action is dismissed without prejudice for Plaintiff’s failure to exhaust
administrative remedies pursuant to 42 U.S.C. § 1997e(a); and

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The Clerk of the Court is directed to close this action accordingly.

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IT IS SO ORDERED.

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Dated:
September 6, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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