(PC) King v. Valley State Prison et al

Filing 36

ORDER ADOPTING 32 Findings and Recommendations and GRANTING Defendants' 22 Motion for Summary Judgment for Failure to Exhaust Remedies signed by District Judge Ana de Alba on 01/13/2023. CASE CLOSED. (Flores, E)

Case 1:20-cv-00024-ADA-GSA Document 36 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON KING,

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No. 1:20-CV-00024-ADA-GSA (PC)
Plaintiff,

v.
VALLEY STATE PRISON, et al.,
Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST
REMEDIES
(ECF Nos. 22, 32)

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Plaintiff Alton King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United

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

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On August 11, 2022, findings and recommendations were issued, recommending that

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Defendants’ motion for summary judgment for failure to exhaust be granted. (ECF No. 32.) The

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parties were granted fourteen days in which to file objections. (Id.) On September 2, 2022, Plaintiff

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filed a motion for extension of time to file objections, and on September 7, 2022, the Court granted

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Plaintiff an extension of time until November 28, 2022. (ECF Nos. 34, 35.) The November 28,

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2022 deadline expired and Plaintiff failed to file objections.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) 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, the

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Court finds the findings and recommendations to be supported by the record and proper analysis.
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Case 1:20-cv-00024-ADA-GSA Document 36 Filed 01/17/23 Page 2 of 2
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Accordingly,
1. The Findings and Recommendations issued by the Magistrate Judge on August 11, 2022,
(ECF No. 32), are ADOPTED IN FULL;
2. Defendants’ motion for summary judgment for failure to exhaust, filed on January 14, 2022,
(ECF No. 22), is GRANTED;
3. This action is DISMISSED without prejudice, for failure to exhaust administrative remedies
before filing suit; and
4. The Clerk of the Court is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated:

January 13, 2023
UNITED STATES DISTRICT JUDGE

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