Martinez v. Adams et al, No. 1:2009cv00899 - Document 57 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 53 FINDINGS AND RECOMMENDATIONS signed by District Judge Lawrence J. O'Neill on 11/09/2010. (Flores, E)
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Martinez v. Adams et al Doc. 57 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 STEVEN C. MARTINEZ, 10 11 12 13 14 15 16 ) ) ) ) ) Plaintiff, ) ) vs. ) ) DERRAL G. ADAMS, et al., ) ) ) Defendants. ) ____________________________________) 1:09cv0899 LJO DLB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Document 53) 17 18 On October 5, 2010, the Magistrate Judge issued Findings and Recommendations that 19 Plaintiff’s cause of action for retaliation be DISMISSED. The Findings and Recommendations were 20 served on all parties and contained notice that any objections were to be filed within fourteen (14) 21 days after service of the order. On October 19, 2010, Plaintiff filed objections. Defendants did not 22 file a reply. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de 24 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 25 Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendations issued October 5, 2010, are ADOPTED IN 1 Dockets.Justia.com 1 2 FULL; 2. Defendants’ motion is GRANTED. Plaintiff’s cause of action for retaliation against 3 Defendants Vargas, Nacar, Van Natta and Smith is DISMISSED for failure to exhaust 4 administrative remedies. 5 6 IT IS SO ORDERED. Dated: 66h44d November 9, 2010 /s/ Lawrence J. O'Neill 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