Lopez v. Cate et al

Filing 202

ORDER ADOPTING 201 FINDINGS AND RECOMMENDATIONS and Referring Back to Magistrate Judge for Further Proceedings signed by District Judge Dale A. Drozd on 1/30/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDREW R. LOPEZ,

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No. 1:10-cv-01773-DAD-SKO

Plaintiff,
v.
MATHEW CATE, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND REFERRING
BACK TO MAGISTRATE JUDGE FOR
FURTHER PROCEEDINGS

Defendants.
(Doc. No. 201)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On November 8, 2016, the assigned magistrate judge issued findings and

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recommendations following a long-delayed evidentiary hearing on the issue of plaintiff’s

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exhaustion of administrative remedies prior to filing suit as required. (Doc. No. 201.) These

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findings and recommendations, which concluded plaintiff had established through credible

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evidence that he exhausted his available administrative remedies, were served on the parties and

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contained notice that objections thereto were to be filed within twenty-one days. No objections

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were filed, and the time in which to do so has now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
conducted a de novo review of this case. Having carefully reviewed the entire file, the
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undersigned concludes the findings and recommendations are supported by the record and by

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proper analysis.

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Accordingly,
1. The findings and recommendations issued November 8, 2016 (Doc. No. 201) are adopted
in full; and
2. The matter is referred back to the magistrate judge for further proceedings.
IT IS SO ORDERED.
Dated:

January 30, 2017
UNITED STATES DISTRICT JUDGE

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