Aldakak v. California Department of Corrections and Rehabilitation et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/11/16 ordering the clerk of the court is directed to a) redesignate the undersigned's findings and recommendations filed 1/25/16 as an order and b) withdraw the assignment of the District Judge in this action. For the reasons state in this court's order filed 1/25/16 this action is dismissed without prejudice for failure to exhaust administrative remedies. CASE CLOSED. (cc: MCE) (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALAA ALDAKAK,
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Plaintiff,
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No. 2:16-cv-0082 MCE CKD P
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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Defendants.
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On January 25, 2015, the undersigned magistrate judge recommended that this action be
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dismissed for failure to exhaust administrative remedies, and a district judge was assigned to
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review this recommendation. (ECF No. 4.) Since that time, plaintiff has filed a notice of consent
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to the jurisdiction of the undersigned magistrate judge for all purposes. 28 U.S.C. § 636(c); Local
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Rule 302. (ECF No. 8.) As no defendant has been served, plaintiff is the only party to this
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action.
Plaintiff has filed objections to the findings and recommendations. (ECF No. 7.) Having
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reviewed this filing, the undersigned concludes there is no basis for modifying its prior
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conclusion that this action should be dismissed for failure to exhaust.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and
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recommendations filed January 25, 2016 as an order; and (b) withdraw the assignment of a
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district judge to this action; and
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2. For the reasons stated in this court’s order filed January 25, 2016, this action is
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dismissed without prejudice for failure to exhaust administrative remedies.
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Dated: February 11, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/alda0082.cb
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