(PC)Singh v. Nicolas et al, No. 2:2018cv01852 - Document 6 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/30/2018 ORDERING Clerk of Court to assign a district judge to this action and RECOMMENDING claim 2 be dismissed for failure to state a claim. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 BALJIT SINGH, 12 No. 2: 18-cv-1852 KJN P Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 AGUILERA NICOLAS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the complaint. In 19 that order, the undersigned found that it was clear from the face of the complaint that plaintiff 20 failed to exhaust administrative remedies with respect to claim two. Accordingly, for the reasons stated in that order, the undersigned herein recommends that 21 22 claim two be dismissed for failure to state a claim, based on plaintiff’s failure to exhaust 23 administrative remedies. See Albino v. Baca, 747 F.3d 1162, 1169 (9th Cir. 2014) (in cases 24 where a failure to exhaust is clear from the face of the complaint, it may be dismissed for failure 25 to state a claim). Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district 26 27 judge to this action; and 28 /// 1 1 2 IT IS HEREBY RECOMMENDED that claim two be dismissed for failure to state a claim. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: August 30, 2018 11 12 13 14 Singh1852.56 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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