Dawson v. United States Government et al

Filing 98

ORDER signed by Senior Judge Morrison C. England, Jr on 10/6/2020 ADOPTING the 97 findings and recommendations filed 8/28/2020 in full; GRANTING 85 Defendant Daley's motion for summary judgment; DISMISSING all remaining claims for failure to exhaust available administrative remedies; and DIRECTING the Clerk of the Court to close the case. CASE CLOSED (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH DEAN DAWSON,

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Plaintiff,

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No. 2:18-cv-0354 MCE CKD P

v.

ORDER

UNITED STATES GOVERNMENT, 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.
On August 28, 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. ECF No. 97. Neither

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party has filed objections to the findings and recommendations.
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).

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Having reviewed the file, the Court finds the findings and recommendations to be

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supported by the record 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 August 28, 2020 (ECF No. 97), are

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ADOPTED in full;

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2. Defendant Daley’s motion for summary judgment (ECF No. 85) is GRANTED;

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3. All remaining claims are DISMISSED for failure to exhaust available administrative

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remedies; and
4. The Clerk of the Court is directed to close the case.
IT IS SO ORDERED.

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Dated: October 6, 2020

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