(PC) Aldakak v. California Department of Corrections and Rehabilitation et al, No. 2:2016cv00082 - Document 9 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/11/16 ordering the clerk of the court is directed to a) redesignate the undersigned's findings and recommendations filed 1/25/16 as an order and b) withdraw the assignment of the District Judge in this action. For the reasons state in this court's order filed 1/25/16 this action is dismissed without prejudice for failure to exhaust administrative remedies. CASE CLOSED. (cc: MCE) (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALAA ALDAKAK, 12 Plaintiff, 13 14 15 No. 2:16-cv-0082 MCE CKD P v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 On January 25, 2015, the undersigned magistrate judge recommended that this action be 18 19 dismissed for failure to exhaust administrative remedies, and a district judge was assigned to 20 review this recommendation. (ECF No. 4.) Since that time, plaintiff has filed a notice of consent 21 to the jurisdiction of the undersigned magistrate judge for all purposes. 28 U.S.C. § 636(c); Local 22 Rule 302. (ECF No. 8.) As no defendant has been served, plaintiff is the only party to this 23 action. Plaintiff has filed objections to the findings and recommendations. (ECF No. 7.) Having 24 25 reviewed this filing, the undersigned concludes there is no basis for modifying its prior 26 conclusion that this action should be dismissed for failure to exhaust. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court is directed to: (a) redesignate the undersigned’s findings and 3 recommendations filed January 25, 2016 as an order; and (b) withdraw the assignment of a 4 district judge to this action; and 5 2. For the reasons stated in this court’s order filed January 25, 2016, this action is 6 dismissed without prejudice for failure to exhaust administrative remedies. 7 Dated: February 11, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 2/alda0082.cb 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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