McClintock v. Colosimo, et al

Filing 61

ORDER ADOPTING 58 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 4/16/2015. The 35 Motion for Summary Judgment is GRANTED on behalf of F Casillas, Jr. and Sgt. Merriweather based on plaintiff's failure to exhaust administrative remedies prior to filing suit as required. Both defendants Casillas and Merriweather are DISMISSED from this action without prejudice. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MCCLINTOCK,

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Plaintiff,

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No. 2:13-cv-0264 TLN DAD P

v.

ORDER

COLOSIMO, et al.,

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Defendants.

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

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

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 5, 2015, the magistrate judge filed findings and recommendations herein which

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

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

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objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 5, 2015, are adopted in full;

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2. The Motion for Summary Judgment filed on behalf of Defendants Casillas and

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Merriweather based on Plaintiff’s failure to exhaust administrative remedies prior to

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filing suit as required (ECF No. 35) is granted; and

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3. Defendants Casillas and Merriweather are dismissed from this action without prejudice.

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IT IS SO ORDERED.

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Dated: April 16, 2015

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Troy L. Nunley
United States District Judge

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