Blair v. CDCR et al

Filing 126

ORDER ADOPTING 123 Findings and Recommendations, and Dismissing Certain Claims, Without Prejudice, for Failure to Exhaust the Administrative Remedies, signed by Chief Judge Lawrence J. O'Neill on 7/15/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY C. BLAIR,

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Plaintiff,

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v.
CDCR, et al.,

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Defendants.

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Case No.: 1:14-cv-01156-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
CERTAIN CLAIMS, WITHOUT PREJUDICE, FOR
FAILURE TO EXHAUST THE
ADMINISTRATIVE REMEDIES
[ECF No. 123]

Plaintiff Perry C. Blair is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 17, 2019, the Magistrate Judge issued a Findings and Recommendation following an

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evidentiary hearing on the issue of exhaustion of the administrative remedies. The Findings and

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Recommendation was served on the parties and contained notice that objections were to be filed

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within twenty-one (21) days. Although Plaintiff was granted an extension of time, no objections were

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filed and the time to do so has expired.

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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. Having carefully reviewed the entire file, the Court finds the Findings and

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Recommendations to be supported by the record and by proper analysis.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Findings and Recommendations filed on May 17, 2019, are adopted in full;

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2.

Plaintiff’s Eighth Amendment claim against Defendant Alva and his due process claim

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against Defendant Ybarra in relation to RVR ASE-13-09-002, are dismissed, without

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prejudice, for failure to exhaust the administrative remedies; and

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3.

Defendants may file a dispositive motion within thirty days from the date of service of
this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

July 15, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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