(PC) Prestfield v. Zakhary

Filing 43

ORDER ADOPTING 42 Findings and Recommendations signed by District Judge Dale A. Drozd on 1/6/2022. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER PRESTFIELD,

No. 1:20-cv-01551-NONE-EPG (PC)

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

Plaintiff,
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v.

(Doc. Nos. 38 & 42)

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GEORGE M. ZAKHARY,
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Defendant.
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Plaintiff Christopher M. Prestfield is a state prisoner proceeding pro se and in forma

17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a
18 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 19, 2021, the assigned magistrate judge issued findings and

20 recommendations, recommending that defendant’s motion for summary judgment be granted
21 and that this action be dismissed without prejudice due to plaintiff’s failure to exhaust his
22 available administrative remedies before filing this action as is required. (Doc. No. 42).
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The parties were provided an opportunity to file objections to the findings and

24 recommendations. The deadline to file objections has passed and no objections have been
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted

27 a de novo review of the case. Having carefully reviewed the entire file, the court concludes that
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1 the magistrate judge’s findings and recommendations are supported by the record and by
2 proper analysis.
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Accordingly,

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1.

The findings and recommendations issued on November 19, 2021, (Doc. No. 42),

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2.

Defendant’s motion for summary judgment (Doc. No. 38) is granted;

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3.

This action is dismissed without prejudice due to plaintiff’s failure to exhaust his

8 available administrative remedies prior to filing this action as is required; and
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4.

The Clerk of the Court is directed to assign a district judge to this matter prior to

10 closure, and then close this case.
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IT IS SO ORDERED.
Dated:

January 6, 2022
UNITED STATES DISTRICT JUDGE

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