(PC) Faultry v. Sanchez et al, No. 1:2019cv01033 - Document 34 (E.D. Cal. 2020)
Court Description: ORDER ADOPTING 33 Findings and Recommendations and ORDER GRANTING 28 Defendants' Motion for Summary Judgment signed by District Judge Dale A. Drozd on 11/23/2020, CASE CLOSED. (Jessen, A)
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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 CHARLES B. FAULTRY, 12 Plaintiff, 13 14 v. A. SANCHEZ, et al., 15 Defendants. 16 No. 1:19-cv-01033-DAD-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DUE TO PLAINTIFF’S FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES (Doc. Nos. 28, 33) 17 18 Plaintiff Charles B. Faultry is a state prisoner proceeding pro se and in forma pauperis in 19 20 this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 6, 2020, the assigned magistrate judge issued findings and recommendations 22 23 recommending that defendants’ motion for summary judgment (Doc. No. 28) be granted due to 24 plaintiff’s failure to exhaust his administrative remedies prior to filing suit as is required. (Doc. 25 No. 33.) The findings and recommendations were served on the parties and contained notice that 26 any objections thereto were to be filed within thirty (30) days after service. (Id. at 10–11.) No 27 objections have been filed and the time in which to do so has now passed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and proper analysis. 4 5 Accordingly, 1. 6 7 The findings and recommendations issued on October 6, 2020 (Doc. No. 33) are adopted in full; 2. Defendants’ motion for summary judgment based upon plaintiff’s failure to 8 exhaust his administrative remedies, with respect to the claims presented in this 9 action, prior to filing suit as required (Doc. No. 28) is granted; 10 3. This case is dismissed without prejudice; 11 4. The Clerk of the Court is directed to close this case. 12 13 IT IS SO ORDERED. Dated: November 23, 2020 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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