(PC) Gonzalez v. Gamberg, et al., No. 2:2014cv00737 - Document 45 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 2/7/17 ORDERING that the findings and recommendations filed December 14, 2016, are ADOPTED in full; Defendant Lively's motion for summary judgment 33 is GRANTED; Plaintiff's rema ining claims against defendant Lively are DISMISSED for failure to exhaust available administrative remedies prior to bringing suit; and this matter is REFERRED back to the magistrate judge assigned to this case for further proceedings. (Becknal, R)

Download PDF
(PC) Gonzalez v. Gamberg, et al. Doc. 45 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE GONZALEZ, JR., 12 13 14 15 No. 2:14-cv-0737 KJM CKD P Plaintiff, v. ORDER R. GAMBERG, et al., 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 as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 14, 2016, the magistrate judge filed findings and recommendations, which 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. Neither party has filed 23 objections to the findings and recommendations. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 602 25 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 26 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed 27 the file, the court finds the findings and recommendations to be supported by the record and by 28 the proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 14, 2016, are adopted in full; 3 2. Defendant Lively’s motion for summary judgment (ECF No. 33) is granted; 4 3. Plaintiff’s remaining claims against defendant Lively are dismissed for failure to 5 6 exhaust available administrative remedies prior to bringing suit; and 4. This matter is referred back to the magistrate judge assigned to this case for further 7 proceedings. 8 DATED: February 7, 2017 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.