Robert J. Dixon v. Yates et al
Filing
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ORDER Adopting Findings and Recommendations 37 and Granting Defendant Igbinosa's Motion to Dismiss 24 , signed by Chief Judge Anthony W. Ishii on 9/29/11. Defenant Igbinoza terminated. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ROBERT JAMES DIXON,
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CASE NO. 1:09-CV-00657-AWI-DLB PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANT IGBINOSA’S MOTION TO
DISMISS
v.
JAMES A. YATES, et al.,
(DOC. 37)
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Defendants.
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Plaintiff Robert James Dixon (“Plaintiff”) is a California state prisoner proceeding pro se in
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this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants
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Igbinoza and Diep for violation of the Eighth Amendment. On September 20, 2010, Defendant
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Igbinoza filed a motion to dismiss for Plaintiff’s failure to exhaust administrative remedies. Doc.
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24. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
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636(b)(1)(B) and Local Rule 302.
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On July 8, 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 twenty-one days. Doc. 37. Plaintiff filed an Objection to
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the Findings and Recommendations on July 29, 2011. Doc. 38. Defendant filed a response to the
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Objection on September 6, 2011. Doc. 40.
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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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Plaintiff’s objections are unavailing. Plaintiff contends that an inmate grievance concerning
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Defendant Igbinoza’s actions was granted at the first level of review. However, Plaintiff failed to
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produce this grievance. Plaintiff’s grievance No. PVSP-D-08-1325, which Defendant produced,
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does not concern Plaintiff’s claims against Defendant Igbinoza in this action.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The Findings and Recommendations, filed July 8, 2011, is adopted in full;
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Defendant Igbinoza’s motion to dismiss for Plaintiff’s failure to exhaust
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administrative remedies pursuant to 42 U.S.C. § 1997e(a), filed September 20, 2010,
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is GRANTED;
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Plaintiff’s claim against Defendant Igbinoza are dismissed without prejudice; and
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Defendant Igbinoza is dismissed from this action.
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IT IS SO ORDERED.
Dated:
0m8i78
September 29, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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