(PC) Dosio v. Odeluga et al, No. 1:2019cv00675 - Document 50 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 46 Findings and Recommendations in Full; ORDER DENYING Defendant's 35 Motion for Summary Judgment Based on Failure to Exhaust, signed by District Judge Ana de Alba on 9/21/2022. (Marrujo, C)

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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 ELMER DOSIO, JR., 12 13 14 15 No. 1:19-cv-00675-ADA-GSA (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL v. (Doc. No. 46.) N. ODELUGA, et al., ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT BASED ON FAILURE TO EXHAUST Defendant. 16 (Doc. No. 35.) 17 18 Plaintiff Elmer Dosio, Jr. is a state prisoner proceeding in forma pauperis with counsel in 19 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On June 17, 2022, the magistrate judge entered findings and recommendations proposing 22 that this court deny defendant’s motion for summary judgment. (Doc. No. 46.) On July 11, 2022, 23 defendant filed objections. (Doc. No. 47.) Plaintiff filed a response to defendant’s objections on 24 July 20, 2022. (Doc. No. 48.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1) and Local Rule 304, this court 26 has conducted a de novo review of this case. Having carefully reviewed the entire file, including 27 defendant’s objections and plaintiff’s response, the court finds the findings and recommendations 28 to be supported by the record and proper analysis. 1 1 Accordingly, 2 1. 3 4 2022 are adopted in full; 2. 5 6 The findings and recommendations issued the magistrate judge issued on June 27, The motion for summary judgment that Defendant Elma Fernandez filed on December 14, 2021 is denied; and 3. 7 This case is referred back to the magistrate judge for further proceedings including reinstating deadlines for conducting discovery and filing dispositive motions. 8 9 10 11 IT IS SO ORDERED. Dated: September 21, 2022 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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