(PC)Harmon v. Rio Cosumnes Correctional Center, No. 2:2020cv01408 - Document 5 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/18/2020 ADOPTING 4 Findings and Recommendations in full; DISMISSING this action for failure to state a claim in light of plaintiff's failure to exhaust administrative remedies prior to filing. CASE CLOSED. (Coll, A)

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(PC)Harmon v. Rio Cosumnes Correctional Center Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDDIE LEE HARMON, 12 13 14 15 16 No. 2:20-cv-1408 WBS DB P Plaintiff, v. ORDER RIO COSUMNES CORRECTIONAL CENTER, Defendant. 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 12, 2020, the magistrate judge filed findings and recommendations herein 21 which were served on plaintiff and which contained notice to plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has not filed 23 objections to the findings and recommendations. 24 Although it appears from the file that plaintiff’s copy of the findings and 25 recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility to 26 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective 28 1 Dockets.Justia.com 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed November 12, 2020 (ECF No. 4), are adopted 5 6 in full; and 2. This action is dismissed for failure to state a claim in light of plaintiff’s failure to 7 8 9 exhaust administrative remedies prior to filing suit; and 3. The Clerk of Court is directed to close this case. Dated: December 18, 2020 10 11 12 13 14 /harm1408.803 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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