Candler v. Prather et al

Filing 31

ORDER ADOPTING 28 Findings and Recommendations signed by District Judge John A. Mendez on 10/07/19 GRANTING Defendant Romney's 20 Motion for Summary Judgment; Plaintiff's claims against him are DISMISSED without prejudice for failure to exhaust administrative remedies. Romney terminated. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH CANDLER,

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No. 2:17-cv-23-JAM-EFB P

Plaintiff,

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v.

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PRATHER, et al.,

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ORDER

Defendants.

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Plaintiff is a California Department of Corrections and Rehabilitation (“CDCR”) inmate

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proceeding without counsel in an action brought under 42 U.S.C. § 1983. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.

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On August 8, 2019, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations and defendants have file a response thereto.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed August 8, 2019, are adopted in full;

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2. Defendant Romney’s motion for summary judgment (ECF No. 20) is GRANTED;

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and
3. Plaintiff’s claims against him are DISMISSED without prejudice for failure to exhaust
administrative remedies.
So ordered.

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

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UNITED STATES DISTRICT COURT JUDGE

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