(PC) Blackwell v. CDC et al, No. 1:2005cv00856 - Document 169 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 166 FINDINGS AND RECOMMENDATIONS, and DENYING Defendants' 161 Motion to Dismiss for Failure to Exhaust, Without Prejudice to Renewal Within Sixty Days, signed by Chief Judge Anthony W. Ishii on 9/11/2009. Defendants' Unenumerated Rule 12(b) Motion due by 11/16/2009. (Sondheim, M)

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(PC) Blackwell v. CDC et al Doc. 169 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KEITH BLACKWELL, 10 11 12 CASE NO. 1:05-cv-00856-AWI-SMS PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING DEFENDANTS’ MOTION TO DISMISS FOR FAILURE TO EXHAUST, WITHOUT PREJUDICE TO RENEWAL WITHIN SIXTY DAYS v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 13 Defendants. 14 (Docs. 161 and 166) / 15 This civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Keith Blackwell, a 16 former state prisoner proceeding pro se and in forma pauperis. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 18 On July 14, 2009, the Magistrate Judge filed a Findings and Recommendations herein which 19 was served on the parties and which contained notice to the parties that any objections were to be 20 filed within fifteen days. No objections have bee filed. 21 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 22 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 23 and Recommendations to be supported by the record and by proper analysis. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Findings and Recommendations, filed July 14, 2009, is adopted in full; 2. Defendants’ motion to dismiss, filed May 29, 2009, is DENIED, without prejudice; 26 27 and 28 1 Dockets.Justia.com 1 3. 2 Defendants have sixty (60) days from the date of service of this order within which to file an unenumerated Rule 12(b) motion. 3 4 IT IS SO ORDERED. 5 Dated: 0m8i78 September 11, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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