(PC) Law v. Gripe, et al., No. 2:2016cv01830 - Document 91 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 4/23/2018 ADOPTING 90 Findings and Recommendations in FULL; Plaintiff's 81 & 83 Motions for Summary Judgment are DENIED; Defendant Gripe's 84 MSJ is GRANTED for failure to exhaust administrative remedies and plaintiff's claim against her is DISMISSED without prejudice; Defendant Rubino's 84 MSJ is GRANTED. CASE CLOSED. (Fabillaran, J)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS GILBERT LAW, 12 Plaintiff, 13 14 No. 2:16-cv-1830-GEB-EFB P v. ORDER LVN GRIPE, 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 March 23, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed March 23, 2018, are adopted in full; 27 28 ///// 1 1 2. Plaintiff’s motions for summary judgment (ECF Nos. 81 & 83) is DENIED; 2 3. Defendant Gripe’s motion for summary judgment (ECF No. 84) is GRANTED for 3 failure to exhaust administrative remedies and plaintiff’s claim against her be dismissed without 4 prejudice; and 5 4. Defendant Rubino’s motion for summary judgment (ECF No. 84) is GRANTED. 6 Dated: April 23, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2