(PC) Barber v. Reyna, No. 1:2022cv01594 - Document 17 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 16 Findings and Recommendations Regarding Dismissal of Action for Failure to Exhaust Administrative Remedies signed by District Judge Ana de Alba on 5/31/2023. CASE CLOSED. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EUGENE BARBER, 12 Plaintiff, 13 v. 14 REYNA, 15 Case No. 1:22-cv-01594-ADA-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES (ECF No. 16) Defendant. 16 17 Plaintiff James Eugene Barber (“Plaintiff”) is a state prisoner proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a first 19 amended complaint on February 13, 2023. (ECF No. 12.) 20 On February 17, 2023, the Court issued an order requiring Plaintiff to show cause why 21 this action should not be dismissed for failure to exhaust administrative remedies. (ECF No. 13.) 22 Plaintiff filed a response to the order to show cause on March 10, 2023. (ECF No. 14.) 23 On March 10, 2023, the assigned Magistrate Judge discharged the order to show cause 24 and issued findings and recommendations recommending that this action be dismissed, without 25 prejudice, based on Plaintiff’s failure to exhaust his administrative remedies prior to filing this 26 action. (ECF No. 16.) Those findings and recommendations were served on Plaintiff and 27 contained notice that any objections thereto were to be filed within fourteen (14) days after 28 service. (Id. at 4.) No objections have been filed, and the deadline to do so has expired. 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 3 the Magistrate Judge’s findings and recommendations are supported by the record and by proper 4 analysis. 5 6 7 8 Accordingly, IT IS HEREBY ORDERED as follows: 1. The findings and recommendations issued on March 10, 2023, (ECF No. 16), are adopted in full; 2. This action is dismissed, without prejudice, due to Plaintiff’s failure to exhaust 9 administrative remedies prior to filing suit; and 10 3. The Clerk of the Court is directed to close this case. 11 12 13 14 IT IS SO ORDERED. Dated: May 31, 2023 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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