Cofield v. Maydole et al

Filing 43

ORDER signed by District Judge Troy L. Nunley on 1/4/2017 ADOPTING IN FULL 32 Findings and Recommendations; GRANTING 25 Motion for Summary Judgment; DISMISSING this action for Plaintiff's failure to exhaust administrative remedies. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT E. COFIELD,

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Plaintiff,

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No. 2:13-cv-2032 TLN DB

v.

ORDER

MAYDOLE, 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 14, 2016, the Magistrate Judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within seven days. (ECF No. 32.) Plaintiff

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did not timely file objections to the findings and recommendations and the Court adopted them in

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full. (ECF No. 33.) After judgment was entered for Defendants, Plaintiff requested an extension

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of time to file objections. The Court granted that motion and reopened the case to allow Plaintiff

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to file objections. (ECF No. 39.) Plaintiff has now filed objections to the findings and

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recommendations. (ECF No. 42.)

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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 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 14, 2016, (ECF No. 32), are adopted in

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full;

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2. Defendants’ motion for summary judgment (ECF No. 25) is granted;

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3. This action is dismissed for Plaintiff’s failure to exhaust administrative remedies; and

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4. The Clerk of Court is directed to close this case.

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Dated: January 4, 2017

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Troy L. Nunley
United States District Judge

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