Brookins v. Hernandez et al
Filing
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ORDER ADOPTING Findings and Recommendations 42 , 46 signed by District Judge Anthony W. Ishii on 12/13/2019. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BARRY LEE BROOKINS,
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Plaintiff,
v.
M. HERNANDEZ, et al.,
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Defendants.
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Case No. 1:17-cv-01675-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
[ECF Nos. 42, 46]
Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
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On August 30, 2019, the Magistrate Judge issued Findings and Recommendations
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recommending that the motion for summary judgment filed by Defendants A. Williams, Sanchez,
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Gelvezon, Scheesley, Crane, and Marsh be granted, and the claims against these Defendants be
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dismissed, without prejudice, for failure to exhaust the administrative remedies. (ECF No. 46.) The
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Findings and Recommendations were served on the parties and contained notice that objections were
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to be filed within thirty days. (Id.) Plaintiff filed objections on September 16, 2019. (ECF No. 47.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections,
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the Court finds the Findings and Recommendation to be supported by the record and by proper
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analysis.
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Accordingly, it is HEREBY ORDERED that:
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The Findings and Recommendations issued on August 30, 2019, are adopted in full;
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Defendants’ motion for summary judgment filed on July 9, 2019, is granted; and
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The claims against A. Williams, Sanchez, Gelvezon, Scheesley, Crane, and Marsh are
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dismissed, without prejudice, for failure to exhaust the administrative remedies.
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IT IS SO ORDERED.
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Dated: December 13, 2019
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SENIOR DISTRICT JUDGE
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