McLaughlin v. Castro et al

Filing 42

ORDER ADOPTING 40 Findings and Recommendations to Grant 33 Defendants' Motion for Summary Judgment, signed by District Judge Dale A. Drozd on 04/29/2021.CASE CLOSED. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN MCLAUGHIN,

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No. 1:17-cv-01597-DAD-JLT (PC)

Plaintiff,
v.
J. CASTRO, et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO GRANT
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT

Defendants.
(Doc. No. 40)
Plaintiff Martin McLaughlin is a state prisoner appearing pro se in this civil rights actions

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

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

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On February 4, 2021, the assigned magistrate judge issued findings and recommendations,

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recommending that defendants’ motion for summary judgment on the grounds that plaintiff failed

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to exhaust his administrative remedies prior to filing suit as required be granted. (Doc. No. 40.)

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The assigned magistrate judge found that administrative remedies were available to plaintiff in

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the form of the CDCR administrative inmate grievance system, but that plaintiff did not raise the

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facts or claims underlying this action during any of his previously filed administrative inmate

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grievances, nor did he identify any of the defendants in this action in the inmate grievances he

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submitted. (Id. at 4–6.) The assigned magistrate judge concluded that plaintiff failed to exhaust

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his administrative remedies or to otherwise demonstrate that the prison’s inmate grievance
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procedure was unavailable to him. (Id. at 7.) The findings and recommendations were served on

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plaintiff and contained notice that any objections thereto were to be filed within fourteen (14)

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days after service. (Id. at 7.) Plaintiff filed timely objections on February 18, 2021, which were

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received by the court on February 25, 2021. (Doc. No. 41.)

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Plaintiff’s objections do not address the magistrate judge’s reasoning, but argue instead

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that summary judgment is inappropriate because his amended complaint was previously found to

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state some cognizable claims. (Id. at 1–2.) The court is required to screen complaints brought by

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prisoners seeking relief against a governmental entity or officer or employee of a governmental

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entity. 28 U.S.C. § 1915A(a). When assessing whether the complaint pleads cognizable claims,

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the court assess whether the pleadings are legally “frivolous, malicious,” or that fail to state a

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claim upon which relief may be granted, or that seek monetary relief from a defendant who is

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immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). Finding that a claim is cognizable at this

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early stage of the litigation does not determine that the claims are meritorious or that they must

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survive a summary judgment motion. Summary judgment is a determination of the merits of the

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claims, and should be entered against a party who fails to make a showing sufficient to establish

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the existence of an element essential to that party’s case, and on which that party will bear the

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burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). The magistrate

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judge’s prior determination that plaintiff’s second amended complaint pled some cognizable

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claims does not mean that defendants’ motion for summary judgment for failure to comply with

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the administrative exhaustion requirement must be denied. In short, plaintiff’s arguments

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advanced in his objections to the pending findings and recommendations are unpersuasive.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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including plaintiff’s objections, the court finds the findings and recommendations to be supported

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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 February 4, 2021 (Doc. No. 40) are
adopted in full;
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Defendants’ motion for summary judgment (Doc. No. 33) based on plaintiff’s

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failure to exhaust his administrative remedies prior to filing suit as required is

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granted; and

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3.

The Clerk of Court is directed to close this case.

IT IS SO ORDERED.
Dated:

April 29, 2021
UNITED STATES DISTRICT JUDGE

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