Garcia v. Folks et al

Filing 146

ORDER signed by District Judge John A. Mendez on 10/7/19 ADOPTING in full 123 Findings and Recommendations. Plaintiff has satisfied the exhaustion requirement because administrative remedies were effectively unavailable to him. This case will proceed on the merits of plaintiff's claims. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAUL GARCIA,

12

No. 2:14-cv-2378 JAM DB P
Plaintiff,

13

v.

14

F. FOLKS, et al.,

15

ORDER

Defendants.

16
Plaintiff, a state prisoner proceeding with limited counsel, has filed this civil rights action

17
18

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

19

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 2, 2019, the magistrate judge filed findings and recommendations herein which

20
21

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

22

findings and recommendations were to be filed within fourteen days. Defendants have filed

23

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

24
25

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

26

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

27

analysis.

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed April 2, 2019, are adopted in full;

3

2. Plaintiff has satisfied the exhaustion requirement because administrative remedies were

4
5

effectively unavailable to him; and
3. This case will proceed on the merits of plaintiff’s claims.

6
7
8
9

DATED: October 7, 2019
/s/ John A. Mendez____________

_____

UNITED STATES DISTRICT COURT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2