(PC) Dennis v. Castrillo et al, No. 2:2019cv00828 - Document 38 (E.D. Cal. 2021)

Court Description: ORDER signed by District Judge John A. Mendez on 12/20/2021 ADOPTING 35 Findings and Recommendations in full and GRANTING 31 Motion for Summary Judgment. Plaintiff's First Amendment claim against defendant Castrillo is DISMISSED for failure to exhaust administrative remedies; Plaintiff's claim against defendant Doe is DISMISSED without prejudice. CASE CLOSED. (Rodriguez, E)

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(PC) Dennis v. Castrillo et al Doc. 38 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROME ROBERT DENNIS, 12 Plaintiff, 13 14 v. No. 2:19-cv-00828-JAM-JDP (PC) ORDER CASTRILLO, 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. 20 On November 5, 2021, the magistrate judge filed findings and recommendations herein 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. Plaintiff has 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 November 5, 2021, are adopted in full; 3 2. Defendant Castrillo’s motion for summary judgment, ECF No. 31, is granted; 4 3. Plaintiff’s First Amendment claim against defendant Castrillo is dismissed for failure 5 to exhaust administrative remedies; 6 4. Plaintiff’s claim against defendant Doe is dismissed without prejudice; and 7 5. The Clerk of Court is directed to close the case. 8 9 10 11 Dated: December 20, 2021 /s/ John A. Mendez THE HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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