(PC) Glaze v. North Kern State Prison et al

Filing 12

ORDER ADOPTING 11 Findings and Recommendations and Dismissing Action for Failure to Exhaust Administrative Remedies signed by District Judge Anthony W. Ishii on 9/8/2021. CASE CLOSED. (Jessen, A)

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Case 1:21-cv-01054-AWI-BAM Document 12 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAIAH GLAZE, 12 13 14 Case No. 1:21-cv-01054-AWI-BAM (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES NORTH KERN STATE PRISON, et al., (Doc. No. 11) 15 Defendants. 16 17 Plaintiff Isaiah Glaze (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 3, 2021, the assigned magistrate judge issued findings and recommendations 21 recommending dismissal of this action, without prejudice, based on plaintiff’s failure to exhaust 22 administrative remedies prior to filing suit. (Doc. No. 11.) Those findings and recommendations 23 were served on plaintiff and contained notice that any objections thereto were to be filed within 24 fourteen (14) days after service. (Id. at 3–4.) No objections have been filed, and the deadline to 25 do so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this court has conducted a 27 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 28 magistrate judge’s findings and recommendations are supported by the record and by proper 1 Case 1:21-cv-01054-AWI-BAM Document 12 Filed 09/08/21 Page 2 of 2 1 2 3 4 5 analysis. Accordingly, 1. The findings and recommendations issued on August 3, 2021, (Doc. No. 11), are adopted in full; 2. This action is dismissed, without prejudice, due to plaintiff’s failure to exhaust 6 administrative remedies prior to filing suit; and 7 3. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: September 8, 2021 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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