(PC) Powell v. Gomes et al
Filing
60
ORDER signed by District Judge Daniel J. Calabretta on 5/10/2024 ADOPTING 59 Findings and Recommendations in full, EXCUSING Plaintiff from the exhaustion of the PLRA, and REFERRING this matter back to the Magistrate Judge for all further pretrial proceedings. (Clemente Licea, O)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
ADAM RANDOLPH POWELL,
12
Plaintiff,
13
v.
14
GOMES, et al.,
15
No. 2:21-cv-0781 DJC DB P
ORDER
Defendants.
16
17
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking
18
relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
19
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
20
On April 1, 2024, the Magistrate Judge filed findings and recommendations
21
herein which were served on all parties and which contained notice to all parties that
22
any objections to the findings and recommendations were to be filed within thirty
23
days. Neither party filed objections to the findings and recommendations.
24
The Court presumes that any findings of fact are correct. See Orand v. United
25
States, 602 F.2d 207, 208 (9th Cir. 1979). The Magistrate Judge’s conclusions of law
26
are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007)
27
(“[D]eterminations of law by the magistrate judge are reviewed de novo by both the
28
district court and [the appellate] court . . . .”). The Court has reviewed the file and finds
1
1
the findings and recommendations to be supported by the record and by the
2
Magistrate Judge’s analysis. Accordingly, IT IS HEREBY ORDERED that:
3
1. The findings and recommendations (ECF No. 59) are adopted in full; and
4
2. Administrative remedies were unavailable to plaintiff. Therefore, plaintiff is
5
6
excused from the exhaustion requirement of the PLRA.
3. This matter is referred back to the Magistrate Judge for all further pretrial
7
proceedings.
8
9
10
11
IT IS SO ORDERED.
Dated:
May 10, 2024
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1
2
3
4
DLB:9/powe0781.801 exh
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?