(PC) Moore v. Snell et al, No. 1:2005cv01009 - Document 36 (E.D. Cal. 2009)

Court Description: ORDER ADOPTING 31 FINDINGS and RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 2/5/2009. CASE CLOSED. (Sondheim, M)

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(PC) Moore v. Snell et al Doc. 36 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 GEORGE D. MOORE, 8 Plaintiff, 1: 05 CV 1009 LJO WMW PC vs. ORDER RE: FINDINGS & RECOMMENDATIONS (#31) 9 10 11 D. SNELL, et al., 12 Defendants. 13 14 15 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter 16 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 17 Rule 72-302. 18 On August 28, 2008, findings and recommendations were entered, recommending 19 dismissal of this action for Plaintiff’s failure to exhaust his available administrative remedies 20 pursuant to 42 U.S.C. § 1997e(a). Plaintiff was provided an opportunity to file objections within 21 thirty days. On October 9 and October 24, 2008, Plaintiff filed objections to the findings and 22 recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 24 73-305, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 1 Dockets.Justia.com 1 proper analysis. 2 Accordingly, THE COURT HEREBY ORDERS that: 3 1. The Findings and Recommendations issued by the Magistrate Judge on August 4 28, 2008, are adopted in full; and 2. This action is dismissed for Plaintiff’s failure to exhaust his available 5 6 administrative remedies prior to filing suit. The Clerk is directed to close this case. 7 8 9 10 11 12 IT IS SO ORDERED. 13 Dated: February 5, 2009 /s/ Lawrence J. O'Neill b9ed48 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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