(PC) Weaver v. Gonzales et al, No. 1:2023cv01315 - Document 8 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING 7 Findings and Recommendations Regarding Dismissal of Action for Failure to Exhaust Administrative Remedies signed by District Judge Jennifer L. Thurston on 10/11/2023. CASE CLOSED.(Xiong, J.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD WAYNE WEAVER, JR., Plaintiff, 12 13 14 v. No. 1:23-cv-01315 JLT BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES GONZALES, et al., (Doc. 7) 15 Defendants. 16 17 Donald Wayne Weaver, Jr. seeks to hold the defendants, two correctional officers at 18 Valley State Prison, liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. (See 19 generally Doc. 1.) On September 6, 2023, the assigned magistrate judge found Plaintiff failed to 20 exhaust available administrative remedies prior to filing this action, as required by the Prison 21 Litigation Reform Act. (Doc. 7 at 2-3.) Therefore, the magistrate judge recommended the action 22 be dismissed without prejudice. (Id. at 3.) 23 The Court served the Findings and Recommendations on Plaintiff and notified him that 24 any objections must be filed fourteen days of service. (Doc. 7 at 3.) The Court also informed him 25 that the “failure to file objections within the specified time may result in the waiver of the ‘right 26 to challenge the magistrate’s factual findings’ on appeal.” (Id., quoting Wilkerson v. Wheeler, 772 27 F.3d 834, 839 (9th Cir. 2014).) No objections were filed, and the deadline to do so has expired. 28 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 1 1 case. Having carefully reviewed the entire file, the Court concludes the magistrate judge’s 2 Findings and Recommendations are supported by the record and by proper analysis. Thus, the 3 Court ORDERS: 4 1. 5 The findings and recommendations issued on September 6, 2023 (Doc. 7) are ADOPTED in full. 6 2. This action is DISMISSED without prejudice. 7 3. The Clerk of Court is directed to close this case. 8 9 10 IT IS SO ORDERED. Dated: October 11, 2023 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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