(PC) Brookins v. Hernandez et al, No. 1:2017cv01675 - Document 48 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING Findings and Recommendations 42 , 46 signed by District Judge Anthony W. Ishii on 12/13/2019. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BARRY LEE BROOKINS, 12 13 14 Plaintiff, v. M. HERNANDEZ, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01675-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS [ECF Nos. 42, 46] Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On August 30, 2019, the Magistrate Judge issued Findings and Recommendations 20 recommending that the motion for summary judgment filed by Defendants A. Williams, Sanchez, 21 Gelvezon, Scheesley, Crane, and Marsh be granted, and the claims against these Defendants be 22 dismissed, without prejudice, for failure to exhaust the administrative remedies. (ECF No. 46.) The 23 Findings and Recommendations were served on the parties and contained notice that objections were 24 to be filed within thirty days. (Id.) Plaintiff filed objections on September 16, 2019. (ECF No. 47.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, 27 the Court finds the Findings and Recommendation to be supported by the record and by proper 28 analysis. 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The Findings and Recommendations issued on August 30, 2019, are adopted in full; 3 2. Defendants’ motion for summary judgment filed on July 9, 2019, is granted; and 4 3. The claims against A. Williams, Sanchez, Gelvezon, Scheesley, Crane, and Marsh are 5 dismissed, without prejudice, for failure to exhaust the administrative remedies. 6 7 IT IS SO ORDERED. 8 Dated: December 13, 2019 9 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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