Wood v. McCormick et al

Filing 38

ORDER signed by District Judge John A. Mendez on 3/24/2020 ADOPTING in full 37 Findings and Recommendations and GRANTING 31 Motion for Summary Judgment on the basis of plaintiff's failure to exhaust his administrative remedies. This case is DISMISSED without prejudice. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN RANDOLPH WOOD,

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No. 2:17-cv-00983-JAM-CKD-P

Plaintiff,
v.

ORDER

JACK MCCORMICK, 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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 24, 2020, 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. 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

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

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and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 24, 2020, are adopted in full;

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2. Defendants’ motion for summary judgment (ECF No. 31) is granted on the basis of

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plaintiff’s failure to exhaust his administrative remedies.

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3. This case is dismissed without prejudice.

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4. The Clerk of Court is directed to close this case.

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DATED: March 24, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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