(PC) Henderson v. Castillo et al, No. 1:2020cv01199 - Document 63 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 60 Findings and Recommendations to GRANT Defendants' 54 Motion for Summary Judgment for Failure to Exhaust Administrative Remedies signed by District Judge Anthony W. Ishii on 3/28/2023. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 CURTIS LEE HENDERSON, SR., Plaintiff, 12 13 14 v. S. CASTILLO, et al., Defendants. 15 Case No. 1:20-cv-01199-AWI-SKO (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT FOR A FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES (Doc. 60) 16 17 Plaintiff Curtis Lee Henderson, Sr., is proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 27, 2023, the assigned magistrate judge issued findings and 21 recommendations, recommending Defendants’ motion for summary judgment for failure to 22 exhaust administrative remedies be granted. (Doc. 60.) Plaintiff was afforded 14 days within 23 which to file any objections to the findings and recommendations. (Id. at 13.) Plaintiff filed 24 objections on March 20, 2023. (Doc. 61.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 26 de novo review of this case. Having carefully reviewed the file, including Plaintiff’s objections, 27 the Court finds the findings and recommendations to be supported by the record and proper 28 analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The findings and recommendations issued on February 27, 2023 (Doc. 60) are ADOPTED in full; 4 2. Defendants’ motion for summary judgment (Doc. 54) is GRANTED; 5 3. This case is DISMISSED without prejudice for Plaintiff’s failure to exhaust 6 7 administrative remedies prior to filing suit; and 4. The Clerk of the Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: March 28, 2023 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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