(PC)Sanders v. California Department of Corrections et al

Filing 16

ORDER ADOPTING Findings and Recommendations and dismissing action without prejudice 15 signed by District Judge Anthony W. Ishii on 9/9/2020. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DON C. SANDERS, 12 13 14 15 16 17 Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., No. 1:20-cv-00222-AWI-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION WITHOUT PREJUDICE (Doc. 15) Defendants. Plaintiff Don C. Sanders is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 16, 2020, the assigned magistrate judge issued an order to show cause, within 21 21 days, why this action should not be dismissed for failure to exhaust administrative remedies. 22 (Doc. 14.) The judge found that “[i]t is clear on the face of his complaint that Plaintiff failed to 23 exhaust … prior to filing suit.” (Id. at 2.) Plaintiff failed to respond to the order to show cause. 24 Therefore, on July 27, 2020, the magistrate judge filed findings and recommendations, 25 recommending that this action be dismissed without prejudice for Plaintiff’s failure to exhaust 26 administrative remedies. (Doc. 15.) The magistrate judge provided Plaintiff 14 days to file 27 objections to the findings and recommendations. (Id. at 2-3.) Plaintiff has not filed any objections 28 and the time to do so has passed. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 3 and recommendations to be supported by the record and proper analysis. 4 Accordingly, the Court ORDERS: 5 1. 6 7 ADOPTED in full; 2. 8 9 The findings and recommendations filed on July 27, 2020 (Doc. 15) are This action is DISMISSED without prejudice for failure to exhaust administrative remedies; and, 3. The Clerk of the Court is directed to close this case. 10 11 12 IT IS SO ORDERED. Dated: September 9, 2020 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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