-KJN (PC) Graham v. Jaffe et al, No. 2:2008cv02533 - Document 60 (E.D. Cal. 2011)

Court Description: ORDER adopting in full 56 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr., on 12/2/11. The 47 motion to dismiss plaintiff's claims against defendantWiggins, based on an alleged failure to exhaust administrative remedies, is GRANTED. Plaintiff's claims against defendant Wiggins are DISMISSED without prejudice. (Kastilahn, A)
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-KJN (PC) Graham v. Jaffe et al Doc. 60 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ANTHONY GRAHAM, 10 11 12 13 Plaintiff, No. 2:08-cv-2533 GEB KJN P Defendants. ORDER vs. JUBB, et al., 14 15 / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On September 9, 2011, the magistrate judge filed findings and recommendations 19 herein which were served on all parties and which contained notice to all parties that any 20 objections to the findings and recommendations were to be filed within twenty-one days. On 21 October 25, 2011, plaintiff was granted an additional thirty days in which to file a response to the 22 September 9, 2011 order and findings and recommendations. That time has now passed, and 23 neither party has filed objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 3 4 5 6 1. The findings and recommendations filed September 9, 2011, are adopted in full; 2. The June 21, 2011 motion to dismiss plaintiff’s claims against defendant Wiggins, based on an alleged failure to exhaust administrative remedies, is granted; and 3. Plaintiff’s claims against defendant Wiggins are dismissed without prejudice. Dated: December 2, 2011 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2