Warner v. Cate et al

Filing 97

ORDER Adopting 95 FINDINGS AND RECOMMENDATION; CASE to Remain OPEN signed by District Judge Lawrence J. O'Neill on 2/19/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL WARNER,

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Plaintiff,
v.
MATTHEW L. CATE, et al.,
Defendants.

CASE NO. 1:12-cv-01146-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION
(ECF No. 95)
CASE TO REMAIN OPEN

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 1 & 12.) The matter was
referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and
Local Rule 302.
On December 29, 2015, the Magistrate Judge issued findings and recommendation after
having conducted an evidentiary hearing. (ECF No. 95.) Following receipt of testimony and
evidence, the Magistrate Judge concluded that Defendants had not met their burden that Plaintiff
failed to exhaust his administrative remedies. No opposition has been filed by the Defendants.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the
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.

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Accordingly, it is HEREBY ORDERED that:

1. The December 29, 2015, findings and recommendations (ECF No. 95) are

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adopted in full;

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2. The Court adopts the Magistrate Judge’s conclusion that Defendants have not

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met their burden that Plaintiff failed to exhaust his administrative remedies;

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and

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3. This case is to remain open.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 19, 2016

UNITED STATES DISTRICT JUDGE

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