(PC) Driver v. Maya ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BILLY DRIVER, JR., No. 1:23-cv-1251 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING THE 13 v. ACTION WITHOUT PREJUDICE FOR PLAINTIFF’S FAILURE TO EXHAUST 14 MAYA, et al., ADMINISTRATIVE REMEDIES, AND DIRECTING THE CLERK OF COURT TO 15 Defendants. CLOSE THIS CASE (Doc. 17) 16 17 Billy Driver, Jr. is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge found Plaintiff had not 19 exhausted his administrative remedies, and recommended the action be dismissed. (Doc. 17.) 20 The Court served the Findings and Recommendations on Plaintiff and notified him that 21 any objections were to be filed within 14 days after service. (Doc. 17 at 3.) In addition, the Court 22 informed Plaintiff that the “failure to file objections within the specified time may result in the 23 waiver of the ‘right to challenge the magistrate’s factual findings’ on appeal.” (Id. at 4, quoting 24 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections have been filed, and the 25 deadline to do so has expired. 26 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 27 case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge’s 28 Findings and Recommendations are supported by the record and by proper analysis. Thus, the 1 | Court ORDERS: 2 1. The Findings and Recommendations issued on September 5, 2023 (Doc. 17), are 3 ADOPTED in full. 4 2. This action is DISMISSED without prejudice due to Plaintiff's failure to exhaust 5 administrative remedies. 6 3. The Clerk of Court is directed to terminate all pending motions and close this case. 7 g IT IS SO ORDERED. o | Dated: _ October 3, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28