(PC) Mora v. Williams ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN EDWARD MORA, No. 2:20-cv-0746-KJM-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 H. WILLIAMS, 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, raising multiple federal claims. The matter was referred to a United 19 States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 21, 2021, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. While 27 Saddozai v. Davis, 35 F.4th 705, 708 (9th Cir. 2022), provides that actions may proceed if 28 administrative remedies are exhausted before an operative complaint is filed, plaintiff here did not 1 | seek to amend his complaint to plead exhaustion, nor did the court grant leave to amend. The 2 || operative complaint is a pre-exhaustion pleading and must be dismissed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed September 21, 2021, are adopted in full; 5 2. Defendants’ motion for summary judgment, ECF No. 34, is granted; 6 3. Plaintiff’s claims are dismissed without leave to amend for failure to exhaust; 7 4. Plaintiff's motion for summary judgment, ECF No. 38, is denied; 8 5. Plaintiffs motion for appointment of counsel, ECF No. 46, is denied as moot; and 9 6. The Clerk of the Court is directed to close the case. 10 | DATED: October 10, 2022. 1] 12 B CHIEF ED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28