(PC) Lindsey v. Vasquez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 REGJUAN DONNELL LINDSEY, Case No. 1:23-cv-0991 JLT BAM (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING 13 v. DISMISSAL OF ACTION FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES 14 VASQUEZ, et al., (Doc. 12) 15 Defendants. 16 17 The assigned magistrate judge issued an order requiring Plaintiff to show cause why this 18 action should not be dismissed for failure to exhaust administrative remedies. (Doc. 9.) Plaintiff 19 did not file a response. The magistrate judge then found it was “clear from the face of the 20 complaint that Plaintiff filed suit prematurely without first exhausting his administrative remedies 21 in compliance with the PLRA, section 1997e(a).” (Doc. 12 at 3.) Therefore, the magistrate judge 22 recommended the action be dismissed without prejudice. (Id.) The Court served the Findings 23 and Recommendations on Plaintiff and notified him that any objections must be filed within 14 24 days. (Id. at 3.) The Court also advised Plaintiff that the “failure to file objections within the 25 specified time may result in the waiver of the ‘right to challenge the magistrate’s factual findings’ 26 on appeal.” (Id., quoting Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter 27 v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not object, and the deadline to do 28 so has expired. 1 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the 2 | case. Having carefully reviewed the entire file, the Court concludes that the Findings and 3 || Recommendations are supported by the record and by proper analysis. Thus, the Court 4 | ORDERS: 5 1. The findings and recommendations issued on August 8, 2023 (Doc. 12), are 6 ADOPTED in full. 7 2. This action is DISMISSED without prejudice, due to Plaintiff's failure to exhaust 8 administrative remedies prior to filing suit. 9 3. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 12 | Dated: _ September 6, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28