Gaines v. CA Dept. of Corrections, et al.

Filing 143

ORDER ADOPTING 138 Findings and Recommendations and Dismissing Action without Prejudice for Failure to Exhaust Administrative Remedies signed by District Judge Jennifer L. Thurston on 01/20/2022. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THURMAN GAINES,

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Plaintiff,

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No. 1:15-cv-00587-JLT-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION WITHOUT PREJUDICE FOR
FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES

v.
CALIFORNIA DEPT. OF CORRECTIONS,
et al.,

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(Doc. 138)

Defendants.
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Plaintiff Thurman Gaines is a state prisoner who brings this 42 U.S.C. § 1983 civil rights

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action pro se. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(1)(B) and Local Rule 302.

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Plaintiff filed this suit in 2015 alleging deliberate indifference by Defendant Dr. E.

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Horowitz and others. (Doc. 1.) On August 31, 2021, following an evidentiary hearing, the

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assigned magistrate judge issued findings and recommendations that the action be dismissed

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without prejudice for Plaintiff’s failure to exhaust administrative remedies. (Doc. 138.) The

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findings and recommendations were served on the parties and contained notice that objections

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were due within thirty days. (Id. at 22.)

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Plaintiff filed objections on September 30, 2021, and Defendant filed a response on

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October 14, 2021. (Docs. 139, 140.) Therein, Plaintiff objected to the magistrate judge’s analysis

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of testimony provided at the evidentiary hearing. (Doc. 139.)

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

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de novo review of the case. Having carefully reviewed the entire file, including Plaintiff’s

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objections and Defendant’s response, the Court concludes that the magistrate judge’s findings and

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recommendations are supported by the record and by proper analysis. Accordingly,

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are ADOPTED in full; and
2.

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The findings and recommendations issued on August 31, 2021, (Doc. 138),

The instant action is DISMISSED without prejudice for Plaintiff’s failure to
exhaust administrative remedies; and

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The Clerk of the Court is DIRECTED to terminate all pending motions and to
close this case.

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IT IS SO ORDERED.
Dated:

January 20, 2022

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