Williams v. Alfaro

Filing 90

ORDER GRANTING Plaintiff's Motion for Extension of Time; ORDER DENYING Plaintiff's Motion for an Order for Return of Property; and ORDER ADOPTING 77 Findings and Recommendations to GRANT Defendants' Motion for Summary Judgment for Failure to Exhaust Administrative Remedies and to DENY as MOOT Defendants' Motion for Judgment on the Pleadings; Clerk to CLOSE CASE signed by District Judge Anthony W. Ishii on 2/20/2020. CASE CLOSED. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN WESLEY WILLIAMS,
Plaintiff,

12
13
14
15

v.
S. ALFARO, et al.,
Defendants.

16

Case No. 1:17-cv-01310-AWI-JLT (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR EXTENSION OF TIME;
ORDER DENYING PLAINTIFF’S MOTION
FOR AN ORDER FOR RETURN OF
PROPERTY; AND
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES AND TO
DENY AS MOOT DEFENDANTS’ MOTION
FOR JUDGMENT ON THE PLEADINGS

17
18
19
20

(Docs. 49, 77, 78, 83)
21
CLERK TO CLOSE CASE
22
23

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

24

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

25

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

26

On September 10, 2019, the magistrate judge filed findings and recommendations herein

27

which were served on plaintiff and which contained notice to plaintiff that any objections to the

28

findings and recommendations were to be filed within fourteen days. After moving twice for an
1

1

extension of time, plaintiff has now filed objections to the findings and recommendations. The

2

court has reviewed the file and finds the findings and recommendations to be supported by the

3

record and by the magistrate judge’s analysis.
Plaintiff also filed a motion for an order for return of his personal property. Defendants,

4
5

who oppose the motion, note that the property has since been returned to plaintiff. Since plaintiff

6

does not dispute this claim, his motion will be denied as moot.

7

Accordingly, IT IS HEREBY ORDERED that:

8

1. Plaintiff’s motion for extension of time (Doc. 83) is GRANTED;

9

2. Plaintiff’s motion for an order for return of property (Doc. 79) is DENIED as moot;

10

3. The findings and recommendations filed September 10, 2019, are adopted in full;

11

4. Defendants’ motion for summary judgment for failure to exhaust administrative

12

remedies (Doc. 49) is GRANTED and the contemporaneous motion for judgment on

13

the pleadings is DENIED as moot; and
5. The Clerk of Court is directed to close this case.

14
15
16
17
18

IT IS SO ORDERED.
Dated:

February 20, 2020
SENIOR DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2