Clemente v. Parciasepe et al

Filing 43

ORDER ADOPTING 39 FINDINGS and RECOMMENDATIONS, in full, signed by Chief Judge Morrison C. England, Jr. on 4/15/2015. Defendant's 29 Motion for Summary Judgment on defendant's retaliation claim is GRANTED and plaintiff's retaliation claims against defendant are DISMISSED without prejudice based on plaintiff's failure to exhaust administrative remedies. This action now proceeds SOLELY on plaintiff's 39 8th Amendment claim. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCELINO CLEMENTE,

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Plaintiff,

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No. 2:14-cv-0611 MCE KJN P

v.

ORDER

T. PARCIASEPE, 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 6, 2015, the magistrate judge filed findings and recommendations (ECF No.

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

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to the findings and recommendations were to be filed within fourteen days. Neither party has

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filed objections to the findings and recommendations.
The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly:
1. The findings and recommendations (ECF No. 39) filed March 06, 2015, are

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ADOPTED IN FULL;

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2. Defendant’s motion for summary judgment on defendant’s retaliation claim (ECF No.

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29) is GRANTED, and plaintiff’s retaliation claims against defendant are DISMISSED without

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prejudice based on plaintiff’s failure to exhaust administrative remedies; and

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3. This action now proceeds solely on plaintiff’s Eighth Amendment claim. (ECF No. 39
at 12.)
IT IS SO ORDERED.
Dated: April 15, 2015

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