(PC) Cottrell v. Cook et al, No. 2:2007cv02574 - Document 54 (E.D. Cal. 2009)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 12/22/09 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/17/09 53 are ADOPTED in full; The 1/07/09 MOTION TO DISMISS on the ground that Plaintiff failed to exhaust the available administrative remedies with respect to his claims against Plainer, Cook and Wong 42 is GRANTED. Plaintiff's claims against Plainer, Cook and Wong are DISMISSED without prejudice. Plaintiff's claims against Huston in his official capacity are DISMISSED; and, Defendant Huston is directed to file an answer to the complaint within 30 days. (Mena-Sanchez, L)
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(PC) Cottrell v. Cook et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL M. COTTRELL, 11 Plaintiff, 12 13 No. CIV S-07-2574 GEB EFB P vs. R. K. WONG, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On September 17, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within fifteen days. Neither 22 party has filed objections to the findings and recommendations. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 //// 1 Dockets.Justia.com 1 2 1. The findings and recommendations filed September 17, 2009, are adopted in full; 3 2. The November 7, 2008, motion to dismiss on the ground that plaintiff failed to 4 exhaust the available administrative remedies with respect to his claims against Plainer, Cook 5 and Wong is granted; 6 7 3. Plaintiff’s claims against Plainer, Cook and Wong are dismissed without prejudice; 8 4. Plaintiff’s claims against Huston in his official capacity are dismissed; and, 9 5. Defendant Huston is directed to file an answer to the complaint within 30 days. 10 Dated: December 22, 2009 11 12 GARLAND E. BURRELL, JR. United States District Judge 13 14 / 15 16 17 18 19 20 21 22 23 24 25 26 2
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