McCurdy v. California Department of Corrections and Rehabilitation et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 12/17/2020 ADOPTING in FULL 80 Findings and Recommendations. GRANTING 67 Motion for Summary Judgment. Plaintiff's remaining claims are DISMISSED for failure to exhaust available administrative remedies, and the Clerk of Court is directed to close the case. CASE CLOSED(Reader, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES C. MCCURDY,
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No. 2:17-cv-01736-TLN-CKD
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
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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 July 31, 2020, the magistrate judge filed findings and recommendations herein which
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were served on all parties and which contained notice to all parties that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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objections to the findings and recommendations.
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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 file, the
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Court finds the findings and recommendations to be supported by the record and by proper
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analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed July 31, 2020, are ADOPTED IN FULL;
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2. Defendant Thomas’s motion for summary judgment (ECF No. 67) is GRANTED;
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3. Plaintiff’s remaining claims are DISMISSED for failure to exhaust available
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administrative remedies; and
4. The Clerk of Court is directed to close the case.
DATED: December 17, 2020
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Troy L. Nunley
United States District Judge
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