(PC) Alexander v. Garza et al, No. 1:2020cv01486 - Document 57 (E.D. Cal. 2022)

Court Description: ORDER ADOPTING 52 Findings and Recommendations, signed by District Judge Ana de Alba on 9/21/2022. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JULIAN J. ALEXANDER, 12 13 14 15 Plaintiff, v. GARZA, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01486-ADA-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. Nos. 39, 52) 17 Plaintiff Julian J. Alexander is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 13, 2022, the assigned magistrate judge issued findings and recommendations, 21 recommending that defendants’ exhaustion motion for summary judgment be granted and the instant 22 action be dismissed, without prejudice. (Doc. No. 52.) The findings and recommendations were 23 served on plaintiff and contained notice that any objections thereto were to be filed within fourteen 24 (14) days after service. (Id. at 30.) After receiving an extension of time, Plaintiff filed objections on 25 July 19, 2022. (Doc. No. 55.) 26 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, including 28 1 1 plaintiff’s objections, the court finds the findings and recommendations to be supported by the record 2 and proper analysis. 3 Accordingly, 4 1. in full; 5 6 2. Defendants’ motion for summary judgment filed on January 3, 2022 (Doc. No. 39) is granted; and 7 8 The findings and recommendations issued on May 13, 2022 (Doc. No. 53) are adopted 3. The instant action is dismissed, without prejudice, for failure to exhaust the administrative remedies. 9 10 11 12 13 14 IT IS SO ORDERED. Dated: September 21, 2022 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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