Davis v. Seihel et al

Filing 50

ORDER signed by District Judge Troy L. Nunley on 8/3/2020 ADOPTING in full 48 Findings and Recommendations. Defendant Harrison's 43 Motion for Summary Judgment is GRANTED and Plaintiff's claim against him is DISMISSED without prejudice for failure to exhaust administrative remedies. 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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JEROME MARKIEL DAVIS,

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Plaintiff,

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No. 2:18-cv-01261-TLN-EFB

v.

ORDER

KIMBERLY A. SEIHEL, 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.
On May 5, 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. (ECF No. 48.) Plaintiff has

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filed objections to the findings and recommendations. (ECF No. 49.)
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 May 5, 2020 (ECF No. 48), are ADOPTED

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IN FULL;
2. Defendant Harrison’s Motion for Summary Judgment (ECF No. 43) is GRANTED and

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Plaintiff’s claim against him is DISMISSED without prejudice for failure to exhaust

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administrative remedies; and

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3. The Clerk of the Court is directed to enter judgment accordingly and close the case.

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IT IS SO ORDERED.

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DATED: August 3, 2020

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Troy L. Nunley
United States District Judge

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