- 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 D’ANDRE DAYMAR COX, No. 2:20-CV-1893-JAM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 J. GAMEZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. § 1983. Pending before the Court is Defendants’ motion to dismiss, ECF No. 21, and 19 request for judicial notice in support thereof, ECF No. 22. Plaintiff has not filed an opposition. 20 Defendants argue that the operative first amended complaint must be dismissed in 21 its entirety as to all claims against both named defendants because Plaintiff’s allegations and 22 judicially noticeable evidence show that Plaintiff failed to exhaust available administrative 23 remedies prior to filing suit, in violation of the Prison Litigation Reform Act. See ECF No. 21-1. 24 Pursuant to Eastern District of California Local Rule 230(c), the Court construes Plaintiff’s 25 failure to file an opposition to Defendant’s motion as consent to the relief requested. 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Defendant’s unopposed 2 | request for judicial notice and motion to dismiss, ECF Nos. 21 and 22, be granted. 3 These findings and recommendations are submitted to the United States District 4 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 5 | after being served with these findings and recommendations, any party may file written objections 6 | with the Court. Responses to objections shall be filed within 14 days after service of objections. 7 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 | Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 | Dated: February 14, 2022 Ssvcqo_ DENNIS M. COTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Document Info
Docket Number: 2:20-cv-01893
Filed Date: 2/15/2022
Precedential Status: Precedential
Modified Date: 6/19/2024