(PC) Alexander v. Garza et al

Filing 57

ORDER ADOPTING 52 Findings and Recommendations, signed by District Judge Ana de Alba on 9/21/2022. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIAN J. ALEXANDER,

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Plaintiff,
v.
GARZA, et al.,
Defendants.

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Case No.: 1:20-cv-01486-ADA-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. Nos. 39, 52)

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Plaintiff Julian J. Alexander is proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge

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

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On May 13, 2022, the assigned magistrate judge issued findings and recommendations,

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recommending that defendants’ exhaustion motion for summary judgment be granted and the instant

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action be dismissed, without prejudice. (Doc. No. 52.) The findings and recommendations were

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served on plaintiff and contained notice that any objections thereto were to be filed within fourteen

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(14) days after service. (Id. at 30.) After receiving an extension of time, Plaintiff filed objections on

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July 19, 2022. (Doc. No. 55.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this court
has conducted a de novo review of this case. Having carefully reviewed the entire file, including

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plaintiff’s objections, the court finds the findings and recommendations to be supported by the record

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and proper analysis.

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Accordingly,

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in full;

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Defendants’ motion for summary judgment filed on January 3, 2022 (Doc. No. 39) is
granted; and

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The findings and recommendations issued on May 13, 2022 (Doc. No. 53) are adopted

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The instant action is dismissed, without prejudice, for failure to exhaust the
administrative remedies.

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IT IS SO ORDERED.
Dated:

September 21, 2022
UNITED STATES DISTRICT JUDGE

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