(PC) McMurtry v. Hu, et al, No. 2:2012cv00103 - Document 51 (E.D. Cal. 2015)
Court Description: ORDER signed by Judge John A. Mendez on 7/9/15 ADOPTING IN FULL 49 Findings and Recommendations; DENYING 39 Motion for Summary Judgment. (Meuleman, A)
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(PC) McMurtry v. Hu, et al Doc. 51 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLEY McMURTRY, 12 Plaintiff, 13 14 No. 2:12-cv-0103 DAD P v. ORDER HU, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 21, 2015, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 21, 2015 are adopted in full; 3 2. Defendants’ motion for summary judgment based on plaintiff’s failure to exhaust 4 administrative remedies prior to filing suit as required (ECF No. 39) is denied. 5 DATED: July 9, 2015 6 /s/ John A. Mendez__________________________ 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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