Allen v. Meyer et al

Filing 82

ORDER Adopting 81 Findings and Recommendations and Denying 66 Motion for Judgment on Pleadings, signed by District Judge Lawrence J. O'Neill on 5/29/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN ALLEN,

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Plaintiff,
vs.
MEYER, et al.,

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Defendants.

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1:09cv00729 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR
JUDGMENT ON THE PLEADINGS
(Document 81)

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Plaintiff Kelvin Allen (“Plaintiff”) is a California state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is represented by

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counsel for the limited purpose of resolving the issue of exhaustion of administrative remedies.

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On November 25, 2014, Defendants filed the instant motion for judgment on the
pleadings based on Plaintiff’s failure to exhaust his claim as to Defendants Botello and Zuniga.
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 April 22, 2015, the Magistrate Judge issued Findings and Recommendations that
Defendants’ motion be denied. The Findings and Recommendations were served on the parties
and contained notice that any objections must be filed within thirty days. The parties did not file
objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds the
Findings and Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed April 22, 2015, are adopted in full; and

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Defendants’ motion for judgment on the pleadings (Document 66) is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

May 29, 2015

UNITED STATES DISTRICT JUDGE

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