(PC) Perez v. Clark et al, No. 1:2008cv00466 - Document 48 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, And Dismissing Claims Against Defendant C. Munoz Without Prejudice (Docs. 29 , 39 and 47 ), signed by Judge Oliver W. Wanger on 5/4/2010. (Scrivner, E)
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(PC) Perez v. Clark et al Doc. 48 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIEL R. PEREZ, 10 11 12 CASE NO. 1:08-cv-00466-OWW-SMS (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING CLAIMS AGAINST DEFENDANT C. MUNOZ WITHOUT PREJUDICE v. KEN CLARK, et. al., (Docs. 29, 39, and 47) 13 Defendants. 14 / 15 Plaintiff, Daniel R. Perez, a state prisoner proceeding pro se and in forma pauperis, has filed 16 this civil rights action seeking relief under 42 U.S.C. § 1983. 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 March 24, 2010, the Magistrate Judge filed a Findings and Recommendations herein 19 which was served on the parties and which contained notice to the parties that any objections to the 20 Findings and Recommendations were to be filed within thirty days. On April 29, 2010, Plaintiff 21 filed objections. Defendants have not filed objections. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 24 and Recommendations to be supported by the record and proper analysis. 25 Accordingly, the Court HEREBY ORDERS: 26 1. The Findings and Recommendations, filed March 24, 2010, is adopted in full; 2. Defendant Munoz’s un-enumerated 12b Motion to Dismiss for failure to exhaust 27 28 1 Dockets.Justia.com 1 2 3 administrative remedies, filed September 11, 2009, is GRANTED; and 3. Plaintiff’s claims against Defendant Munoz are dismissed without prejudice, pursuant to 42 U.S.C. sect 1997e(a). 4 5 IT IS SO ORDERED. 6 Dated: May 4, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2