Law v. Gripe, et al.
Filing
91
ORDER signed by District Judge Garland E. Burrell, Jr. on 4/23/2018 ADOPTING 90 Findings and Recommendations in FULL; Plaintiff's 81 & 83 Motions for Summary Judgment are DENIED; Defendant Gripe's 84 MSJ is GRANTED for failure to exhaust administrative remedies and plaintiff's claim against her is DISMISSED without prejudice; Defendant Rubino's 84 MSJ is GRANTED. CASE CLOSED. (Fabillaran, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
CARLOS GILBERT LAW,
12
Plaintiff,
13
14
No. 2:16-cv-1830-GEB-EFB P
v.
ORDER
LVN GRIPE, et al.,
15
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
18
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
19
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 23, 2018, the magistrate judge filed findings and recommendations herein
20
21
which were served on all parties and which contained notice to all parties that any objections to
22
the findings and recommendations were to be filed within fourteen days. Neither party has filed
23
objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be
24
25
supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
26
ORDERED that:
1. The findings and recommendations filed March 23, 2018, are adopted in full;
27
28
/////
1
1
2. Plaintiff’s motions for summary judgment (ECF Nos. 81 & 83) is DENIED;
2
3. Defendant Gripe’s motion for summary judgment (ECF No. 84) is GRANTED for
3
failure to exhaust administrative remedies and plaintiff’s claim against her be dismissed without
4
prejudice; and
5
4. Defendant Rubino’s motion for summary judgment (ECF No. 84) is GRANTED.
6
Dated: April 23, 2018
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?