(PC) Butler v. Day ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARQUES BUTLER, ) Case No.: 1:20-cv-1650 JLT SAB (PC) ) 12 Plaintiff, ) ) ORDER ADOPTING FINDINGS AND 13 v. ) RECOMMENDATION, AND GRANTING ) MOTION FOR SUMMARY JUDGMENT FOR 14 R. DAY, et al., ) FAILURE TO EXHAUST ) 15 Defendants. ) (Docs. 29, 36) ) 16 ) 17 Defendants filed a motion for summary judgment on the grounds that Plaintiff failed to exhaust 18 his administrative remedies as required by the Prison Litigation Reform Act. (Doc. 29.) Plaintiff did 19 not respond to the motion. The assigned magistrate judge issued findings and recommendations, 20 recommending that Defendants’ motion for summary judgment be granted. (Doc. 36.) The magistrate 21 judge found the CDCR had an administrative grievance process available to Plaintiff, but Plaintiff 22 failed to exhaust his claims through the administrative process prior to filing suit. (Id. at 8-9.) 23 Therefore, the magistrate judge recommended the motion for summary judgment be granted, and the 24 action be dismissed without prejudice. (Id. at 9.) 25 The Findings and Recommendations were served on Plaintiff and provided him 21 days to file 26 objections. (Doc. 36 at 9.) In addition, Plaintiff was “advised that failure to file objections within the 27 specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 28 1 || F.3d 834, 838-39 (9th Cir. 2014); citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) 2 || Plaintiff has not filed any objections, and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. 4 || Having carefully reviewed the entire action, the Court finds the Findings and Recommendations to be 5 || supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The findings and recommendations issued on February 28, 2022 (Doc. 36) are 7 ADOPTED in full. 8 2. Defendants’ motion for summary judgment (Doc. 29) is GRANTED. 9 3. This case is DISMISSED without prejudice; and 10 4. The Clerk of Court is DIRECTED to close this case. 11 12 ||IT IS SO ORDERED. 13 || Dated: _ March 31, 2022 ( LAW pA LU. wan 14 TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28