Nogueras v. Nicoles

Filing 41

ORDER ADOPTING 38 Findings and Recommendations and DENYING 37 Motion for Summary Judgment for Failure to Exhaust, With Prejudice, signed by District Judge Lawrence J. O'Neill on 10/5/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EUGENIO LUIS NOGUERAS,
Plaintiff,

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v.

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AUGUSTINA OJUKWU,

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Defendant.
_____________________________________/

Case No. 1:14-cv-00470-LJO-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION FOR SUMMARY JUDGMENT
FOR FAILURE TO EXHAUST, WITH
PREJUDICE
(Docs. 37 and 38)

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Plaintiff Eugenio Luis Nogueras, a state prisoner proceeding pro se and in forma pauperis,

17 filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 21, 2012. The matter was
18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
19 302.
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On September 2, 2015, the Magistrate Judge recommended Defendant’s motion for

21 summary judgment for failure to exhaust be denied, with prejudice, on the ground that the
22 exhaustion requirement does not apply to former prisoners who brought suit after their release. 42
23 U.S.C. § 1997e(a); Talamantes v. Leyva, 575 F.3d 1021, 1024 (9th Cir. 2009). The fifteen-day
24 objection period has expired and neither party filed objections.
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The Court has conducted a de novo review of this case pursuant to the provisions of 28

26 U.S.C. § 636(b)(1)(C). Having carefully reviewed the entire file, the Court finds the Findings and
27 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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The Findings and Recommendations, filed on September 2, 2015, is adopted in full;
and

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Defendant’s motion for summary judgment for failure to exhaust, filed on August
4, 2015, is DENIED, with prejudice.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 5, 2015

UNITED STATES DISTRICT JUDGE
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