(PC) McCurdy v. California Department of Corrections and Rehabilitation et al, No. 2:2017cv01736 - Document 93 (E.D. Cal. 2020)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/17/2020 ADOPTING in FULL 80 Findings and Recommendations. GRANTING 67 Motion for Summary Judgment. Plaintiff's remaining claims are DISMISSED for failure to exhaust available administrative remedies, and the Clerk of Court is directed to close the case. CASE CLOSED(Reader, L)

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(PC) McCurdy v. California Department of Corrections and Rehabilitation et al Doc. 93 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES C. MCCURDY, 12 13 14 15 No. 2:17-cv-01736-TLN-CKD Plaintiff, ORDER v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 31, 2020, the magistrate judge filed findings and recommendations herein which 22 were served on all parties and which contained notice to all parties that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 31, 2020, are ADOPTED IN FULL; 3 2. Defendant Thomas’s motion for summary judgment (ECF No. 67) is GRANTED; 4 3. Plaintiff’s remaining claims are DISMISSED for failure to exhaust available 5 6 7 administrative remedies; and 4. The Clerk of Court is directed to close the case. DATED: December 17, 2020 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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