Garcia v. Beard et al

Filing 59

ORDER ADOPTING 56 Findings and Recommendations and DENYING Defendants' 44 Motion for Summary Judgment for Failure to Exhaust Administrative Remedies, signed by Chief Judge Lawrence J. O'Neill on 8/25/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FELIPE GARCIA,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES

Plaintiff,

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Case No. 1:14-cv-00625-LJO-SAB (PC)

v.
J. HOBMEIER, et al.,

(ECF Nos. 44, 47, 50, 56, 57, 58)

Defendants.

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Plaintiff Felipe Garcia is appearing pro se and in forma pauperis in this civil rights action

18 pursuant to 42 U.S.C. § 1983. On October 19, 2016, Defendants filed a motion for summary
19 judgment for failure to exhaust administrative remedies, which was referred to a United States
20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On July 26, 2017, the Magistrate Judge filed a findings and recommendations. The

22 findings and recommendations recommended denying Defendants’ motion for summary
23 judgment. The findings and recommendations was served on the parties and contained notice
24 that any objections to the findings and recommendations were to be filed within thirty days from
25 the date of service. Plaintiff filed objections to the findings and recommendations on August 9,
26 2017. Defendants filed objections to the findings and recommendations on August 24, 2017.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

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

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1 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; and

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The findings and recommendations, filed July 26, 2017, is ADOPTED IN

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Defendants’ motion for summary judgment for failure to exhaust
administrative remedies is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 25, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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