(PC) Irwine v. Newsom et al

Filing 12

ORDER signed by District Judge John A. Mendez on 9/8/2020 ADOPTING 8 Findings and Recommendations in full and DISMISSING Case without prejudice for failure to exhaust administrative remedies. CASE CLOSED. (York, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FRANK IRWINE,

12

Plaintiff,

13
14

No. 2:20-cv-0420 JAM AC P

v.

ORDER

GAVIN NEWSOM, et al.,

15

Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 28, 2020, the magistrate judge filed findings and recommendations herein which

20
21

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

22

and recommendations were to be filed within twenty-one days. ECF No. 8. Plaintiff has filed

23

objections to the findings and recommendations. ECF No. 11.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

24
25

court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

26

court finds the findings and recommendations to be supported by the record and by proper

27

analysis.

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations filed July 28, 2020, are adopted in full;

3

2. This case is dismissed without prejudice for failure to exhaust administrative remedies.

4
5
6

DATED: September 8, 2020
/s/ John A. Mendez____________

_____

UNITED STATES DISTRICT COURT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2