(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DON C. SANDERS,

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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

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this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States

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

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On June 16, 2020, the assigned magistrate judge issued an order to show cause, within 21

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days, why this action should not be dismissed for failure to exhaust administrative remedies.

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(Doc. 14.) The judge found that “[i]t is clear on the face of his complaint that Plaintiff failed to

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exhaust … prior to filing suit.” (Id. at 2.) Plaintiff failed to respond to the order to show cause.

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Therefore, on July 27, 2020, the magistrate judge filed findings and recommendations,

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recommending that this action be dismissed without prejudice for Plaintiff’s failure to exhaust

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administrative remedies. (Doc. 15.) The magistrate judge provided Plaintiff 14 days to file

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objections to the findings and recommendations. (Id. at 2-3.) Plaintiff has not filed any objections

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and the time to do so has passed.

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

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

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Accordingly, the Court ORDERS:

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1.

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ADOPTED in full;
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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,

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The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated: September 9, 2020
SENIOR DISTRICT JUDGE

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