Davies v. Allen et.al.

Filing 28

ORDER signed by Judge Kimberly J. Mueller on 3/31/2014 ORDERING 25 FINDINGS AND RECOMMENDATIONS are ADOPTED in full; this action is DISMISSED for failure to exhaust administrative remedies prior to filing suit. CASE CLOSED. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AVON DAVIES,

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Plaintiff,

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No. 2:13-cv-1252 KJM CKD P

v.

ORDER

ALLEN, 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 as provide

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 7, 2013, the magistrate judge filed findings and recommendations, which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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

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findings and recommendations.

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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 file, the court

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finds the findings and recommendations to be supported by the record and by the proper analysis.

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The court notes plaintiff’s objection that although certain claims were not properly

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exhausted, his Fourth Amendment claim was exhausted, albeit after filing of the instant suit. This

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is, however, insufficient to avoid dismissal. See

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 7, 2013 (ECF No. 25), are adopted in

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full;

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2. This action is dismissed for failure to exhaust administrative remedies prior to filing

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suit.

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DATED: March 31, 2014.

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UNITED STATES DISTRICT JUDGE

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