(PC)Townsend v. Encina, et al.

Filing 41

ORDER signed by District Judge John A. Mendez on 9/7/21 ADOPTING in full 39 Findings and Recommendations and GRANTING 34 Defendant's motion to dismiss. Plaintiff's second amended complaint is DISMISSED for failure to exhaust available administrative remedies prior to brining suit. Plaintiff's 38 request for a transfer to a different prison is DENIED as MOOT. CASE CLOSED (Kastilahn, A)

Case 2:20-cv-00342-JAM-CKD Document 41 Filed 09/08/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR DEWAYNE TOWNSEND, JR.,

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Plaintiff,

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No. 2:20-cv-0342 JAM CKD P

v.

ORDER

MELVIN ENCINA, 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 June 15, 2021, the magistrate judge filed findings and recommendations herein which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations.
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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Case 2:20-cv-00342-JAM-CKD Document 41 Filed 09/08/21 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 15, 2021, are adopted in full;

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2. Defendant’s motion to dismiss (ECF No. 34) is granted;

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3. Plaintiff’s second amended complaint is dismissed for failure to exhaust available

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administrative remedies prior to brining suit;

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3. Plaintiff’s request for a transfer to a different prison (ECF No. 38) is denied as moot;
and
4. This case is closed.

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Dated: September 7, 2021

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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