(PC) Frost v. Watson et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 2/15/2021 ADOPTING 31 The Findings and Recommendations; GRANTING 27 Motion for Summary Judgment. Plaintiff's remaining claims are DISMISSED without prejudice for failure to exhaust available administrative remedies prior to bringing this action; and The Clerk of the Court is directed to close the case. CASE CLOSED. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL FROST,
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Plaintiff,
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No. 2:18-cv-03002-TLN-CKD
v.
ORDER
J. WATSON, et al.,
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Defendants.
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Plaintiff Michael Frost (“Plaintiff”), a state prisoner proceeding pro se, has filed this civil
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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 6, 2021, 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. 31.) 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 January 6, 2021 (ECF No. 31), are
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ADOPTED IN FULL;
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2. Defendants’ motion for summary judgment (ECF No. 27) is GRANTED;
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3. Plaintiff’s remaining claims are DISMISSED without prejudice for failure to exhaust
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available administrative remedies prior to bringing this action; and
4. The Clerk of the Court is directed to close the case.
IT IS SO ORDERED.
Dated: February 15, 2021
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Troy L. Nunley
United States District Judge
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