(PC) Aubert v. Elijah et al, No. 1:2007cv01629 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER Adopting 35 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendant Elijah's 23 Motion for Judgment on the Pleadings, or in the Alternative, Motion to Dismiss for Failure to Exhaust signed by District Judge Lawrence J. O'Neill on 9/28/2010. (Sant Agata, S)
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(PC) Aubert v. Elijah et al Doc. 40 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ESS'N A. AUBERT, 11 12 13 Plaintiff, vs. KEVIN ELIJAH, et al., 14 15 16 17 Defendants. 1:07-cv-01629-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 35.) ORDER DENYING DEFENDANT ELIJAH'S MOTION FOR JUDGMENT ON THE PLEADINGS, OR IN THE ALTERNATIVE, MOTION TO DISMISS FOR FAILURE TO EXHAUST (Doc. 23.) _____________________________/ Ess'n A. Aubert (“Plaintiff”) is a former state prisoner proceeding pro se in this civil 18 rights action pursuant to 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 August 24, 2010, findings and recommendations were entered, recommending 21 that Defendant Elijah's motion for judgment on the pleadings, or in the alternative, motion to dismiss 22 for failure to exhaust, filed on December 18, 2009, be denied. (Doc. 35.) On September 23, 2010, 23 Defendant Elijah filed objections to the findings and recommendations. (Doc. 39.) 24 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 25 this court has conducted a de novo review of this case. Having carefully reviewed the entire file, 26 including Defendant Elijah's objections, the Court finds the findings and recommendations to be 27 supported by the record and proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. The Findings and Recommendations issued by the Magistrate Judge on August 24, 3 2010, are ADOPTED in full; and 4 5 2. Defendant Elijah's motion for judgment on the pleadings, or in the alternative, motion to dismiss for failure to exhaust, filed on December 18, 2009, is DENIED. 6 7 IT IS SO ORDERED. Dated: b9ed48 September 28, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2