Jones v. Oliveira, et al.

Filing 48

ORDER ADOPTING 47 Findings and Recommendations and DISMISSING Action Without Prejudice 34 , signed by District Judge Lawrence J. O'Neill on 1/24/2020. CASE CLOSED. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES B. JONES,

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Plaintiff,
v.
J. GARCIA, et al.,

1:17-cv-01311-LJO-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION WITHOUT PREJUDICE
(Docs. 34, 47)

Defendants.

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Plaintiff Charles B. Jones is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action. This matter was referred to a United States magistrate judge pursuant to 28

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

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On August 28, 2019, the defendants filed a motion for summary judgment on the grounds

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that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 34.) On

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December 23, 2019, the assigned magistrate judge issued findings and recommendations to grant

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the defendants’ motion and to dismiss this action without prejudice. (Doc. 47.) The magistrate

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judge provided Plaintiff 21 days to file objections to the findings and recommendations. (Id.)

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Although more than the allowed time has passed, Plaintiff has not filed any objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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, the Court ORDERS:

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1.

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The findings and recommendations issued on December 23, 2019, (Doc. 47) are
ADOPTED in full;

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2.

The defendants’ motion for summary judgment (Doc. 34) is GRANTED;

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3.

This action is DISMISSED without prejudice; and,

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4.

The Clerk of the Court is DIRECTED to close this case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 24, 2020

UNITED STATES DISTRICT JUDGE
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