(PC) Jones v. Aguwa ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRACY EUGENE JONES, ) Case No. 1:21-cv-01207 JLT SAB (PC) ) 12 Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS DENYING 13 v. ) MOTION FOR SUMMARY JUDGMENT ) 14 HENRY C. AGUWA, et al., ) (Docs. 31, 37) ) 15 Defendants. ) ) 16 ) 17 This action is proceeding against Defendants T. Cisneros, Henry Aguwa, and R. Dela Cruz for 18 violations of Plaintiff’s First Amendment right to free exercise of religion and Fourteenth Amendment 19 right to equal protection. Cisneros filed a motion for summary judgment for failure to exhaust the 20 administrative remedies. (Doc. 31.) The assigned magistrate judge entered Findings and 21 Recommendations recommending that Cisneros’ motion for summary judgment be denied because 22 grievance log number 35977 was sufficient to exhaust the claims against all defendants, including 23 Cisneros. (Id. at 10.) 24 The Court granted the parties 21 days to file objections to the Findings and Recommendations 25 (Doc. 37 at 11), and the Court advised them that the “failure to file objections within the specified time 26 may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 27 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Cisneros filed a statement of 28 non-opposition to the Findings and Recommendations. (Doc. 39.) 1 According to 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 2 ||452, 454 (th Cir. 1983), this Court conducted a de novo review. Having carefully reviewed the entir 3 || matter, the Court concludes the magistrate judge’s Findings and Recommendations are supported by 4 || the record and by proper analysis. Thus, the Court ORDERS: 5 1. The Findings and Recommendations issued on June 6, 2022 (Doc. 37), are adopted. 6 2. Defendant Cisneros’ motion for summary judgment (Doc. 31) is denied. 7 3. The matter is referred to the magistrate judge for further proceedings. 8 9 || IT IS SO ORDERED. 10 || Dated: _ July 8, 2022 Cerin | Tower 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28