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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 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, 15 (Doc. Nos. 55, 69) Defendant. 16 17 Plaintiff Mary Lee Gaines is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 7, 2020, Defendant Correctional Officer Beaver moved for summary 21 judgment on the grounds that plaintiff had failed to exhaust administrative remedies prior to filing 22 suit as is required. (Doc. No. 55.) Plaintiff failed to file an opposition to that motion. (See Doc. 23 No. 68.) 24 On August 6, 2020, the assigned magistrate judge issued findings and recommendations, 25 addressing defendant’s motion on the merits and recommending that defendant’s motion for 26 summary judgment be granted. (Doc. No. 69.) The magistrate judge found that plaintiff had 27 failed to properly exhaust his administrative remedies with respect to the claims presented by 28 plaintiff in this action. (Id. at 5-6.) The findings and recommendations were served on plaintiff 1 1 and provided that objections thereto may be filed within 21 days. (Id. at 6.) Plaintiff has not filed 2 any objections and the time to do so has passed. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 4 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 5 and recommendations to be supported by the record and proper analysis. 6 Accordingly, 7 1. 8 9 The findings and recommendations issued on August 6, 2020 (Doc. No. 69) are adopted in full; 2. Defendant’s motion for summary judgment (Doc. No. 55) is granted and this 10 action is dismissed without prejudice due to plaintiff’s failure to exhaust his 11 administrative remedies prior to filing suit as is required; and, 12 3. 13 14 15 16 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 17 18 19 20 21 22 23 24 25 26 27 28 2

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