(PC) Smith v. Parriot et al

Filing 69

ORDER ADOPTING 57 Findings and Recommendations in Full; ORDER GRANTING 47 Defendants' Motion for Summary Judgment, Based on Plaintiff's Failure to Exhaust Administrative Remedies, and as Barred by Heck v. Humphrey, Without Prejudice to Filing a Petition for Writ of Habeas Corpus; ORDER for Clerk to Enter Judgment for Defendants and CLOSE Case, signed by District Judge Jennifer L. Thurston on 9/2/2022. CASE CLOSED. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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1:19-cv-00286-JLT-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN FULL

vs.
(Doc. 57.)
PARRIOT, et al.,

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Defendants.

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ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT,
BASED ON PLAINTIFF’S FAILURE TO
EXHAUST ADMINISTRATIVE REMEDIES,
AND AS BARRED BY HECK V. HUMPHREY,
WITHOUT PREJUDICE TO FILING A
PETITION FOR WRIT OF HABEAS CORPUS
(Doc. 47.)

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ORDER FOR CLERK TO ENTER
JUDGMENT FOR DEFENDANTS AND
CLOSE CASE

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The magistrate judge recommended that Defendants’ motion for summary judgment,

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filed on September 15, 2021, be granted. (Doc. 57.) The court granted 14 days in which to file

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objections to the findings and recommendations, but none were filed. 1 (Id.)

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Plaintiff was given several extensions of time to file objections. (Docs. 59, 61.) Instead of filing objections, on
June 29, 2022, Plaintiff filed a request to stay this matter (Doc. 62), which was denied by the assigned magistrate
judge (Doc. 63). Plaintiff then filed a motion for reconsideration of that denial (Doc. 64), which was also denied
(Doc. 65). In an abundance of caution, the Court afforded Plaintiff additional time after his motion for
reconsideration was denied before entering this order.

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According to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court has conducted a

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

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findings and recommendations to be supported by the record and proper analysis. the Court

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ORDERS:

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1.

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The findings and recommendations issued by the magistrate judge on February
10, 2022 (Doc. 57), are ADOPTED IN FULL.

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Defendants’ motion for summary judgment based on Plaintiff’s failure to

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exhaust administrative remedies, and as barred by Heck v. Humphrey, filed on

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September 15, 2021 (Doc. 47), is GRANTED, without prejudice to filing a

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petition for writ of habeas corpus.

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3.

All other pending motions are denied as moot.

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4.

The Clerk is directed to enter judgment in favor of Defendants and close this

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case.

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IT IS SO ORDERED.
Dated:

September 2, 2022

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