Lewis v. Alison et al

Filing 93

ORDER Adopting FINDINGS AND RECOMMENDATIONS Regarding Defendants' Motion For Summary Judgment For Failure To Exhaust Administrative Remedies (ECF Nos. 58 , 84 ), signed by District Judge Lawrence J. O'Neill on 1/20/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOMER TYRONE LEWIS,

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Plaintiff,

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v.
KATHLEEN ALISON, et al.,

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Defendants.

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1:12-cv-00856-LJO-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES
(ECF Nos. 58, 84)

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Plaintiff Homer Tyrone Lewis (“Plaintiff”) is a state prisoner proceeding in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On December 9, 2014, the Magistrate Judge issued Findings and Recommendations that

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Defendants’ motion for summary judgment for failure to exhaust administrative remedies be

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granted; Plaintiff’s retaliation claim against Defendants Adams, Allison (erroneously sued as

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Alison) and Junious be dismissed without prejudice based on a failure to exhaust administrative

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remedies; Defendants Adams, Allison and Junious be dismissed from this action without

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prejudice; and this action proceed on Plaintiff’s claim against Defendant Denny for retaliation in

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violation of the First Amendment. The Findings and Recommendations were served on the

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parties and contained notice that any objections must be filed within thirty days after service.

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More than thirty days have passed and no objections have been filed.

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

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a de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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Findings and 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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full;

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Defendants’ motion for summary judgment for failure to exhaust administrative
remedies, filed on August 15, 2014, is GRANTED;

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The Findings and Recommendations, issued on December 9, 2014, are adopted in

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Plaintiff’s retaliation claim against Defendants Adams, Allison and Junious is

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DISMISSED without prejudice based on a failure to exhaust administrative

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remedies;

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prejudice;

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This matter is referred back to the Magistrate Judge for further proceedings
consistent with this order.

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This action shall proceed on Plaintiff’s claim against Defendant Denny for
retaliation in violation of the First Amendment; and

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Defendants Adams, Allison and Junious are DISMISSED from this action without

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 20, 2015

UNITED STATES DISTRICT JUDGE
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