(PC) Steven Santiago v. Caldwell et al, No. 1:2019cv00566 - Document 49 (E.D. Cal. 2021)
Court Description: ORDER ADOPTING 47 Findings and Recommendations and GRANTING 42 Motion for Summary Judgment for Failure to Exhaust Administrative Remedies signed by District Judge Dale A. Drozd on 11/20/2021. CASE CLOSED. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN SANTIAGO, 12 13 14 15 Plaintiff, v. J. CALDWELL, et al., Defendants. No. 1:19-cv-00566-NONE-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES (Doc. Nos. 42, 47) 16 17 Plaintiff Steven Santiago is a state prisoner who brought this civil rights action pursuant to 18 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 6, 2021, defendants filed a motion for summary judgment on the grounds that 21 plaintiff failed to exhaust administrative remedies prior to filing suit as required by the Prison 22 Litigation Reform Act. (Doc. No. 42.) Plaintiff filed an opposition to the motion on September 23 14, 2021, to which defendants filed a reply on September 22, 2021. (Doc. Nos. 44, 45.) 24 On October 13, 2021, the assigned magistrate judge issued findings and 25 recommendations, recommending that defendants’ motion for summary judgment be granted. 26 (Doc. No. 47.) The magistrate judge found that “[t]he undisputed evidence shows that Plaintiff 27 failed to exhaust administrative remedies prior to filing suit.” (Id. at 7.) The findings and 28 recommendations were served on plaintiff and provided that he may file objections thereto within 1 2 21 days. (Id.) Plaintiff has not filed any objections and the time to do so has passed. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 3 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 4 and recommendations to be supported by the record and proper analysis. 5 Accordingly, 6 1. 7 The findings and recommendations issued on October 13, 2021 (Doc. No. 47) are adopted in full; 8 2. Defendants’ motion for summary judgment (Doc. No. 42) is granted; 9 3. This case is dismissed without prejudice due to plaintiff’s failure to exhaust 10 11 administrative remedies prior to filing suit; and, 4. 12 13 14 15 The Clerk of the Court is directed to assign a district judge to this action for purposes of closure and to close this case. IT IS SO ORDERED. Dated: November 20, 2021 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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