(PC) Storm v. CSATF Warden et al

Filing 11

ORDER ADOPTING IN FULL the 10 Findings and Recommendations, Dismissing the Action Without Prejudice for Failure to Exhaust Administrative Remedies, and Directing the Clerk of Court to Close This Case signed by District Judge Jennifer L. Thurston on 1/2/2025. (Deputy Clerk JPX)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIMITRI Z. STORM,

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Plaintiff,

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v.

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CSATF WARDEN, et al.,

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Defendants.

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Case No.: 1:24-cv-1274 JLT BAM
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATIONS, DISMISSING THE
ACTION WITHOUT PREJUDICE FOR FAILURE
TO EXHAUST ADMINISTRATIVE REMEDIES,
AND DIRECTING THE CLERK OF COURT TO
CLOSE THIS CASE
(Doc. 10)

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Dimitri Storm seeks to hold the defendants liable for violations of his civil rights related to calls

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and use of his tablet on October 17, 2024. (See generally Doc. 1.) The magistrate judge ordered

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Plaintiff to show cause why the action should not be dismissed for failure to exhaust his administrative

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remedies (Doc. 8), and Plaintiff failed to respond to the order. Accordingly, the magistrate judge issued

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Findings and Recommendations, finding from the face of the complaint that it was apparent Plaintiff

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did not exhaust available administrative remedies and recommending the action be dismissed without

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prejudice. (Doc. 10.)

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The Court served the Findings and Recommendations on Plaintiff and notified him that any

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objections were due within 14 days. (Doc. 10 at 3.) The Court advised Plaintiff that the “failure to file

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objections within the specified time may result in the waiver of the ‘right to challenge the magistrate’s

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factual findings’ on appeal.” (Id. at 4, quoting Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir.

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2014).) Plaintiff did not file objections, and the time to do so expired.
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According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

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Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are

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supported by the record and proper analysis. Thus, the Court ORDERS:

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1.

ADOPTED in full.

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The action is DISMISSED without prejudice for failure to exhaust administrative
remedies.

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The Findings and Recommendations dated December 3, 2024 (Doc. 10) are

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

January 2, 2025

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