Cisneros v. Moreno et al

Filing 34

FINDINGS and RECOMMENDATIONS that 1 Case be Dismissed without Prejudice signed by Magistrate Judge Jeremy D. Peterson on 11/13/2019. Referred to Judge Lawrence J. O'Neill. Objections to F&R due within Fourteen (14) Days. (Orozco, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT CISNEROS,

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Plaintiff,

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v.

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MORENO,

Case No. 1:18-cv-00628-LJO-JDP
FINDINGS AND RECOMMENDATIONS
THAT CASE BE DISMISSED WITHOUT
PREJUDICE
ECF Nos. 19 and 32

Defendant.
OBJECTIONS DUE IN FOURTEEN DAYS

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Plaintiff Robert Cisneros is a state prisoner proceeding without counsel in this civil rights

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action brought under 42 U.S.C. § 1983. On August 16, 2019, defendant Moreno moved for

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summary judgment based on a failure to exhaust. ECF No. 19. On November 7, 2019, plaintiff

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filed a request that the court dismiss his case, agreeing that he did not exhaust his administrative

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remedies. ECF No. 32. The parties appear to agree that the case should be dismissed without

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prejudice based on a failure to exhaust.

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I recommend that the case be dismissed without prejudice. I submit this recommendation

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to the U.S. district judge presiding over the case under 28 U.S.C. § 636(b)(1)(B) and Local Rule

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304. Within fourteen days of the service of the findings and recommendations, the parties may

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file written objections to the findings and recommendations with the court and serve a copy on all

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parties. The document containing the objections must be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” The presiding district judge will then review the

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findings and recommendations under 28 U.S.C. § 636(b)(1)(C).

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IT IS SO ORDERED.

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Dated:

November 13, 2019

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UNITED STATES MAGISTRATE JUDGE

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No. 205.

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