Schultz v. California Department of Corrections and Rehabilitation et al
Filing
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ORDER Adopting 38 FINDINGS AND RECOMMENDATIONS DENYING Defendant's 30 Motion to Dismiss Certain Claims for Failure to Exhaust Administrative Remedies; Case to Remain Open signed by District Judge Lawrence J. O'Neill on 11/20/2013. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH SCHULTZ,
Case No. 1:11-cv-00988-LJO-MJS (PC)
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Plaintiff,
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v.
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STATE OF CALIFORNIA DEPARTMENT
OF CORRECTIONS, et al.,
(ECF No. 38)
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
DEFENDANT DEFENDANT’S MOTION TO
DISMISS CERTAIN CLAIMS FOR
FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES
Defendants.
CASE TO REMAIN OPEN
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Plaintiff Kenneth Schultz, a state prisoner incarcerated at Corcoran State Prison
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(CSP), is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42
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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28
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U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern
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District of California.
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On October 30, 2013, the Magistrate Judge issued findings and recommendations
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(ECF No. 38) that Defendant Kim’s September 30, 2013 motion to dismiss as unexhausted
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the medical indifference claim as to events subsequent to July 22, 2009 (ECF No. 30) be
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denied. Any objection to the findings and recommendations was due by due by November
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18, 2013. (Id.) The November 18, 2013 deadline passed without any party filing objections
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or seeking further extension of time to do so.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has
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conducted a de novo review of this case. Having carefully reviewed the entire file, the Court
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finds the findings and recommendations to be supported by the record and by proper
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analysis.
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Accordingly, it is HEREBY ORDERED that:
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2013 (ECF No. 38) in full,
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The Court adopts the findings and recommendations filed on October 30,
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Defendant Kim’s September 30, 2013 motion to dismiss as unexhausted the
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medical indifference claim as to events subsequent to July 22, 2009 (ECF No.
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30) is DENIED, and
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This case shall remain open.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
November 20, 2013
UNITED STATES DISTRICT JUDGE
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