(PC)Wallace v. White ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JAMES WALLACE, II, No. 1:20-cv-0844 JLT EPG (PC) 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS, GRANTING 13 v. DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND DISMISSING THE 14 J. WHITE, et al., ACTION WITHOUT PREJUDICE 15 Defendants. (Docs. 47, 53) 16 17 Defendants Lopez, Wade, and White filed a motion for summary judgment arguing that 18 Plaintiff failed to exhaust his administrative remedies before filing his lawsuit. (Doc. 47.) The 19 assigned magistrate judge agreed. (Id. at 7-8.) Therefore, the magistrate judge recommended 20 Defendants’ motion for summary judgment be granted and the case be dismissed without 21 prejudice. (Id. at 8.) 22 The Court served the Findings and Recommendations on the parties, which also notified 23 them that any objections thereto were to be filed within 21 days from the date of service. (Doc. 24 53 at 8-9.) The Court advised the parties the “failure to file objections within the specified time 25 may result in the waiver of rights on appeal.” (Id. at 8-9, citing Wilkerson v. Wheeler, 772 F.3d 26 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, 27 no objections have been filed and the time in which to do so has passed. 28 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of the case. 1 | Having carefully reviewed the entire file, the Court concludes that the findings and 2 || recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS: 3 1. The Findings and Recommendations entered on February 7, 2022 (Doc. 53) are 4 ADOPTED in full. 5 2. Defendants’ motion for summary judgment (Doc. 47) is GRANTED. 6 3. This action is DISMISSED without prejudice; and 7 4. The Clerk of Court is directed to close this case. 8 9 IT IS SO ORDERED. 10 Dated: _ March 23, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28