(PC) Bland v. Moffett ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA BLAND, No. 1:19-cv-01750 JLT SKO (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND 13 v. RECOMMENDATIONS AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY 14 D. MOFFETT, et al., JUDGMENT 15 Defendants. (Doc. 69) 16 17 Joshua Bland is a state prisoner and seeks to hold correctional officers liable for an alleged 18 failure to protect him from the attack of several other inmates pursuant to 42 U.S.C. § 1983. 19 Defendants Jaime and Stark—the only defendants remaining in this action— seek summary 20 judgment, arguing that Plaintiff failed to exhaust his administrative remedies prior to filing this 21 action. (Doc. 41.) On October 4, 2022, the assigned magistrate judge found: “Even viewed in the 22 light most favorable to Plaintiff, the record establishes Plaintiff did not exhaust his administrative 23 remedies as required prior to filing suit.” (Doc. 69 at 15.) Therefore, the magistrate judge 24 recommended the motion for summary judgment be granted and judgment be entered in favor of 25 Defendants Jaime and Stark. (Id. at 16.) 26 The parties were granted 14 days to file any objections. (Doc. 69 at 16.) In addition, the 27 parties were informed that “[f]ailure to file objections within the specified time may result in waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014); 1 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) More than 14 days have passed, and no 2 | objections were filed. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this 4 | case. Having carefully reviewed the entire matter, the Court concludes the Findings and 5 | Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on October 4, 2022 (Doc. 69) are 7 ADOPTED in full. 8 2. Defendants’ motion for summary judgment for a failure to exhaust administrative 9 remedies (Doc. 41) is GRANTED. 10 3. The Clerk of the Court is DIRECTED to enter judgment in favor of Defendants 11 Jaime and Stark, and to close this case. 12 B IT IS SO ORDERED. 14 Dated: _ October 26, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28