Bowell v. California Department of Corrections et al

Filing 65

ORDER signed by Judge John A. Mendez on 2/10/12 ORDERING that the findings and recommendations filed December 13, 2011, are adopted in full; Defendant Smith's June 22, 2011 motion to dismiss 46 is granted; and Plaintiff's claim against defendant Smith is dismissed without prejudice due to plaintiff's failure to exhaust administrative remedies with respect to that claim prior to bringing suit. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES E. BOWELL,

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Plaintiff,

No. 2:10-cv-0397 JAM DAD (PC)

vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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ORDER
/

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On December 13, 2011, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Plaintiff

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has filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed December 13, 2011, are adopted in

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full;

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2. Defendant Smith’s June 22, 2011 motion to dismiss (Doc. No. 46) is granted;
and

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3. Plaintiff’s claim against defendant Smith is dismissed without prejudice due to

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plaintiff’s failure to exhaust administrative remedies with respect to that claim prior to bringing

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suit.

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DATED: February 10, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT JUDGE

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