(PC) Boyd v. Etchebehere et al, No. 1:2013cv01966 - Document 37 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Defendant's 20 Motion for Summary Judgment for Failure to Exhaust the Administrative Remedies, signed by District Judge Lawrence J. O'Neill on 9/1/15. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS BOYD, 12 Plaintiff, 13 14 v. C. ETCHEBEHERE, 15 Defendant. 16 Case No.1:13-01966-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO EXHAUST THE ADMINISTRATIVE REMEDIES [ECF Nos. 20, 31, 33] Plaintiff Curtis Boyd is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 U.S.C. § 1983. 19 On April 1, 2015, the Magistrate Judge filed a Findings and Recommendations which was 20 served on the parties and which contained notice to the parties that objections to the Findings and 21 Recommendations were to be filed within thirty days. Defendant filed objections on April 23, 2015. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 23 novo review of this case. Given the circumstances of this case (as explained in the Findings and 24 Recommendation), the Court finds that Plaintiff has exhausted the administrative remedies with 25 respect to his First Amendment claim against C. Etchebehere. Thus, having carefully reviewed the 26 entire file, including Defendant’s objections, the Court finds the Findings and Recommendations to be 27 supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed on April 1, 2015, is adopted in full; and 3 2. Defendant’s motion for summary judgment for failure to exhaust the administrative 4 remedies is DENIED. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 1, 2015 UNITED STATES DISTRICT JUDGE 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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