(PC) Watson v. Diaz et al, No. 1:2023cv01750 - Document 12 (E.D. Cal. 2024)

Court Description: ORDER ADOPTING 10 Findings and Recommendations to DISMISS the Case without Prejudice for Failure to Exhaust signed by District Judge Kirk E. Sherriff on 6/5/2024. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 WILLIAM XAVIER WATSON, JR., 10 11 12 13 Case No. 1:23-cv-01750-KES-EPG (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS THE CASE WITHOUT PREJUDICE FOR FAILURE TO EXHAUST v. DIAZ, ET AL., Defendants. Doc. 10 14 15 16 William Watson, Jr. is a state prisoner proceeding pro se and in forma pauperis in this 17 civil rights action pursuant to 42 U.S.C. § 1983. Docs. 1, 7. The matter was referred to a 18 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On January 8, 2024, the assigned magistrate judge ordered plaintiff to show cause why 20 this case should not be dismissed, without prejudice, for failure to exhaust available 21 administrative remedies prior to filing suit as required by the Prison Litigation Reform Act. 22 Doc. 8. Plaintiff failed to respond to the order to show cause. On February 21, 2024, the 23 assigned magistrate judge issued findings and recommendations to dismiss this case without 24 prejudice because plaintiff failed to exhaust available administrative remedies prior to filing 25 this case. Doc. 10. The court served the findings and recommendations on plaintiff and 26 notified him that any objections were due within 30 days. Id. at 3. Plaintiff has not filed any 27 objections, and the time to do so has lapsed. 28 1 1 Pursuant to 28 U.S.C. § 636(b)(1), the court conducted a de novo review of this case. 2 Having carefully reviewed the entire action, the court concludes the findings and 3 recommendations are supported by the record and proper analysis. 4 Accordingly, the court ORDERS: 5 1. The findings and recommendations issued on February 21, 2024 (Doc. 10) are 6 ADOPTED in full; 7 2. This action is DISMISSED without prejudice for failure to exhaust 8 administrative remedies; and 9 3. The Clerk of Court is DIRECTED to terminate all pending motions and to close 10 this case. 11 12 13 14 IT IS SO ORDERED. Dated: June 5, 2024 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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