Gonzalez, Jr. v. Gamberg, et al.
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 2/7/17 ORDERING that the findings and recommendations filed December 14, 2016, are ADOPTED in full; Defendant Lively's motion for summary judgment 33 is GRANTED; Plaintiff's rema ining claims against defendant Lively are DISMISSED for failure to exhaust available administrative remedies prior to bringing suit; and this matter is REFERRED back to the magistrate judge assigned to this case for further proceedings. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSE GONZALEZ, JR.,
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No. 2:14-cv-0737 KJM CKD P
Plaintiff,
v.
ORDER
R. GAMBERG, et al.,
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 provided
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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On December 14, 2016, the magistrate judge filed findings and recommendations, 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. Neither party has filed
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objections to the findings and recommendations.
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The court presumes that any findings of fact are correct. See Orand v. United States, 602
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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
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the file, the court finds the findings and recommendations to be supported by the record and by
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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 14, 2016, are adopted in full;
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2. Defendant Lively’s motion for summary judgment (ECF No. 33) is granted;
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3. Plaintiff’s remaining claims against defendant Lively are dismissed for failure to
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exhaust available administrative remedies prior to bringing suit; and
4. This matter is referred back to the magistrate judge assigned to this case for further
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proceedings.
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DATED: February 7, 2017
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UNITED STATES DISTRICT JUDGE
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