(PC) Schultz v. California Department of Corrections and Rehabilitation et al, No. 1:2011cv00988 - Document 41 (E.D. Cal. 2013)

Court Description: ORDER Adopting 38 FINDINGS AND RECOMMENDATIONS DENYING Defendant's 30 Motion to Dismiss Certain Claims for Failure to Exhaust Administrative Remedies; Case to Remain Open signed by District Judge Lawrence J. O'Neill on 11/20/2013. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KENNETH SCHULTZ, Case No. 1:11-cv-00988-LJO-MJS (PC) 10 Plaintiff, 11 12 v. 13 14 STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., (ECF No. 38) 15 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING DEFENDANT DEFENDANT’S MOTION TO DISMISS CERTAIN CLAIMS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES Defendants. CASE TO REMAIN OPEN 17 18 19 Plaintiff Kenneth Schultz, a state prisoner incarcerated at Corcoran State Prison 20 (CSP), is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 21 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 22 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern 23 District of California. 24 On October 30, 2013, the Magistrate Judge issued findings and recommendations 25 (ECF No. 38) that Defendant Kim’s September 30, 2013 motion to dismiss as unexhausted 26 the medical indifference claim as to events subsequent to July 22, 2009 (ECF No. 30) be 27 denied. Any objection to the findings and recommendations was due by due by November 28 18, 2013. (Id.) The November 18, 2013 deadline passed without any party filing objections 1 1 2 or seeking further extension of time to do so. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has 3 conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 4 finds the findings and recommendations to be supported by the record and by proper 5 analysis. 6 Accordingly, it is HEREBY ORDERED that: 7 1. 2013 (ECF No. 38) in full, 8 9 The Court adopts the findings and recommendations filed on October 30, 2. Defendant Kim’s September 30, 2013 motion to dismiss as unexhausted the 10 medical indifference claim as to events subsequent to July 22, 2009 (ECF No. 11 30) is DENIED, and 12 3. This case shall remain open. 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill November 20, 2013 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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