Gaines v. Virk et al

Filing 70

ORDER ADOPTING 69 Findings and Recommendations and GRANTING 55 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 9/21/2020. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 1:16-cv-01689-NONE-JLT (PC)

MARY LEE GAINES,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
MOTION FOR SUMMARY JUDGMENT

v.
OFFICER BEAVER,

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(Doc. Nos. 55, 69)

Defendant.

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Plaintiff Mary Lee Gaines is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 7, 2020, Defendant Correctional Officer Beaver moved for summary

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judgment on the grounds that plaintiff had failed to exhaust administrative remedies prior to filing

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suit as is required. (Doc. No. 55.) Plaintiff failed to file an opposition to that motion. (See Doc.

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No. 68.)

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On August 6, 2020, the assigned magistrate judge issued findings and recommendations,

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addressing defendant’s motion on the merits and recommending that defendant’s motion for

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summary judgment be granted. (Doc. No. 69.) The magistrate judge found that plaintiff had

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failed to properly exhaust his administrative remedies with respect to the claims presented by

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plaintiff in this action. (Id. at 5-6.) The findings and recommendations were served on plaintiff
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and provided that objections thereto may be filed within 21 days. (Id. at 6.) Plaintiff has not filed

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any objections and the time to do so has passed.

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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 this case. Having carefully reviewed the entire file, the court finds the findings

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

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Accordingly,

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1.

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The findings and recommendations issued on August 6, 2020 (Doc. No. 69) are
adopted in full;

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Defendant’s motion for summary judgment (Doc. No. 55) is granted and this

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action is dismissed without prejudice due to plaintiff’s failure to exhaust his

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administrative remedies prior to filing suit as is required; and,

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3.

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The Clerk of the Court is directed to assign a district judge to this action for
purposes of closure and to close this case.

IT IS SO ORDERED.
Dated:

September 21, 2020
UNITED STATES DISTRICT JUDGE

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