Gaines v. Sherman et al
Filing
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ORDER adopting 47 FINDINGS AND RECOMMENDATIONS to grant 41 Motion for Summary Judgment for failure to exhaust administrative remedies signed by Chief Judge Lawrence J. O'Neill on 11/26/2018. Case to remain open. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LESLIE JAMES GAINES, JR.,
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Plaintiff,
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v.
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BEASLEY, et al.,
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No. 1:15-cv-1533 LJO JLT P
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT FOR FAILURE
TO EXHAUST ADMINISTRATIVE
REMEDIES
Defendants.
(ECF Nos. 41, 47)
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CASE TO REMAIN OPEN
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 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.
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On October 22, 2018, the magistrate judge filed findings and recommendations to grant
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the defendants’ motion for summary judgment on the ground that plaintiff did not exhaust his
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administrative remedies as to defendants Beasley, Rening, Lopez, and Ward. Plaintiff has filed
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objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed October 22, 2018 (ECF No. 47), are adopted
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in full;
2. The defendants’ September 4, 2018, motion for summary judgment (ECF No. 41) is
GRANTED;
3. All claims against defendants Beasley, Rening, Lopez, and Ward are hereby
DISMISSED for failure to exhaust administrative remdies; and
4. This action shall proceed only as to defendant Curtiss on a First Amendment retaliation
claim. Case to remain open
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
November 26, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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