(PC) Keel v. Early, et al, No. 1:1999cv06720 - Document 104 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING IN FULL 102 FINDINGS AND RECOMMENDATIONS; DENYING 92 Motion to Dismiss; This action is REFERRED to the Magistrate Judge for further proceedings, signed by Chief Judge Anthony W. Ishii on 8/24/2010. (Marrujo, C)
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(PC) Keel v. Early, et al Doc. 104 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 KENNETH G. KEEL, ) ) Plaintiff, ) ) v. ) ) R. E. YSALVA, ) ) Defendant. ) ____________________________________) NO. 1:99-cv-06720-AWI-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 102) ORDER DENYING DEFENDANT’S MOTION TO DISMISS (Doc. 92) 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302. 20 On June 30, 2010, findings and recommendations were entered, recommending that 21 Defendant’s motion to dismiss for failure to exhaust administrative remedies pursuant to Federal 22 Rule of Civil Procedure 12(b) be denied. The parties were provided an opportunity to file 23 objections within thirty days. No objections to the findings and recommendations have been 24 filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 26 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and proper analysis. 28 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on June 30, 2010, 3 4 5 6 are adopted in full; 2. Defendant’s motion to dismiss for failure to exhaust available administrative remedies pursuant to Federal Rule of Civil Procedure 12(b) is denied; and 3. This action is REFERRED to the Magistrate Judge for further proceedings. 7 8 IT IS SO ORDERED. 9 10 Dated: 0m8i78 August 24, 2010 CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2