Estrada v. California Correctional Institution et al

Filing 43

ORDER ADOPTING 42 Findings and Recommendations, and Granting Defendants' 40 Motion for Summary Judgment signed by District Judge Anthony W. Ishii on 09/08/2021. CASE CLOSED.(Flores, E)

Case 1:18-cv-00599-AWI-SAB Document 43 Filed 09/09/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS ESTRADA,

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Plaintiff,
v.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
Defendants.

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Case No.: 1:18-cv-00599-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT
(ECF Nos. 40, 42)

Plaintiff Nicholas Estrada is appearing pro se and in forma pauperis in this civil rights action

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

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

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On July 30, 2021, the Magistrate Judge issued Findings and Recommendations recommending

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that Defendants’ motion for summary judgment be granted and the action be dismissed, without

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prejudice, for failure to exhaust the administrative remedies. (ECF No. 42.) The Findings and

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Recommendations were served on the parties and contained notice that objections were due within

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thirty days. No objections have been filed and the time in which to do so has now passed.

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

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

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the Findings and Recommendations to be supported by the record and proper analysis.
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Case 1:18-cv-00599-AWI-SAB Document 43 Filed 09/09/21 Page 2 of 2

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Accordingly,

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adopted;

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Defendants’ motion for summary judgment filed on April 9, 2021 (ECF No. 40) is
GRANTED; and

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The Findings and Recommendations issued on July 30, 2021 (ECF No. 42) are

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The instant action is dismissed, without prejudice, for failure to exhaust the
administrative remedies.

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IT IS SO ORDERED.
Dated: September 8, 2021
SENIOR DISTRICT JUDGE

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