Boyd v. Etchebehere et al

Filing 37

ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendant's 20 Motion for Summary Judgment for Failure to Exhaust the Administrative Remedies, signed by District Judge Lawrence J. O'Neill on 9/1/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS BOYD,

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Plaintiff,

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v.
C. ETCHEBEHERE,

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Defendant.

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Case No.1:13-01966-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST THE
ADMINISTRATIVE REMEDIES
[ECF Nos. 20, 31, 33]

Plaintiff Curtis Boyd is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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On April 1, 2015, the Magistrate Judge filed a Findings and Recommendations which was

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served on the parties and which contained notice to the parties that objections to the Findings and

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Recommendations were to be filed within thirty days. Defendant filed objections on April 23, 2015.

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

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novo review of this case. Given the circumstances of this case (as explained in the Findings and

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Recommendation), the Court finds that Plaintiff has exhausted the administrative remedies with

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respect to his First Amendment claim against C. Etchebehere. Thus, having carefully reviewed the

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entire file, including Defendant’s objections, the Court finds the Findings and Recommendations to be

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supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendation, filed on April 1, 2015, is adopted in full; and

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Defendant’s motion for summary judgment for failure to exhaust the administrative

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remedies is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

September 1, 2015

UNITED STATES DISTRICT JUDGE

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