(PC) Crisp v. Wasco State Prison, No. 1:2013cv01899 - Document 64 (E.D. Cal. 2016)

Court Description: ORDER Disregarding Plaintiff's Replies to Defendants' Objections to the Findings and Recommendations to Deny their Motion for Summary Judgment Since Moot 61 62 , signed by Magistrate Judge Sheila K. Oberto on 10/3/16. (Verduzco, M)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 OBIE LEE CRISP, 7 Plaintiff, 8 9 v. WASCO STATE PRISON, et al., 10 Case No. 1:13-cv-01899-AWI-SKO (PC) ORDER DISREGARDING PLAINTIFF’S REPLIES TO DEFENDANTS’ OBJECTIONS TO THE FINDINGS AND RECOMMENDATIONS TO DENY THEIR MOTION FOR SUMMARY JUDGMENT SINCE MOOT Defendants. (Docs. 61, 62) 11 12 Plaintiff, Obie Lee Crisp, III, is a state prisoner, proceeding pro se and in forma pauperis 13 in this civil rights action under 42 U.S.C. § 1983. On December 28, 2015, Defendants filed a 14 15 motion for summary judgment raising Plaintiff’s failure to exhaust the available administrative remedies before filing suit. (Doc. 34.) Findings and Recommendations to deny Defendants’ 16 motion issued on August 31, 2016, which were adopted on September 29, 2016. (Docs. 56, 59.) 17 On September 30, 2016, Plaintiff filed a set of replies to Defendants’ objections to the 18 Findings and Recommendations. (Docs. 61, 62.) Since the Findings and Recommendations were 19 adopted in full, Defendants’ objections warrant no further discussion, which moots Plaintiff’s 20 recently filed replies to the objections. 21 Accordingly, it is HEREBY ORDERED that Plaintiff’s replies to Defendants’ objections 22 to the Findings and Recommendations on their exhaustion motion, filed on September 30, 2016, 23 (Docs. 61, 62) are DISREGARDED as moot. 24 25 IT IS SO ORDERED. 26 Dated: October 3, 2016 /s/ 27 Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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