(PC) Kiner v. Yang, No. 2:2019cv02178 - Document 30 (E.D. Cal. 2021)
Court Description: ORDER signed by Senior Judge William B. Shubb on 4/1/2021 ADOPTING in FULL 29 Findings and Recommendations. GRANTING 26 Motion for Summary Judgment. Plaintiff's claims are DISMISSED without prejudice for failure to exhaust his administrative remedies, and the Clerk of Court is directed to close the case. CASE CLOSED (Reader, L)
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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 AARON KINER, 12 13 14 No. 2:19-cv-2178 WBS JDP (PC) Plaintiff, v. ORDER D. YANG, 15 Defendant. 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 January 29, 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. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 1. The findings and recommendations filed January 29, 2021, are adopted in full; 28 2. Defendant’s motion for summary judgment (ECF No. 26) is granted; 1 1 2 3 4 3. Plaintiff’s claims are dismissed without prejudice for failure to exhaust his administrative remedies; and 4. The Clerk of Court is directed to close the case. Dated: April 1, 2021 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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