Payne v. Baser et al

Filing 30

ORDER signed by District Judge John A. Mendez on 7/25/2019 NOT ADOPTING 28 Findings and Recommendations in full and GRANTING 16 Motion to Dismiss without prejudice. Plaintiff shall file his amended complaint within 20 days. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAVANCE ROSS PAYNE,

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Plaintiff,

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v.

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No. 2:18-cv-0956 JAM CKD P

C. BASER, et al.,

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ORDER

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 May 1, 2019, 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. Defendants have 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 does not find the findings and recommendations to be supported by the record and by

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proper analysis. Plaintiff admits he did not exhaust his administrative remedies and he has not

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provided a valid legal excuse for failing to do so. Vaughn v. Hood, 670 F. App’x 962, 963 (9th
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Cir. 2016).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 1, 2019 are not adopted in full;

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2. Defendant Baser and Crisanto’s motion to dismiss (ECF No. 16) is granted without

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prejudice; and
3. Plaintiff shall file his amended complaint within 20 days.

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Dated: July 25, 2019

/s/ John A. Mendez
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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