(PC) Rayshivers v. Luiz ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TOMMY RAYSHIVERS, No. 1:23-cv-01535 JLT GSA (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 v. (Doc. 9) 14 LUIZ, et al., ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA 15 Defendants. PAUPERIS AS MOOT (Doc. 2) 16 ORDER SUMMARILY DISMISSING 17 MATTER 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On January 4, 2024, the magistrate judge issued Findings and Recommendations and 22 concluded that this matter be dismissed for failure to exhaust administrative remedies and that 23 Plaintiff’s motion to proceed in forma pauperis be denied as moot. (Doc. 9.)1 The Court served 24 the Findings and Recommendations on the plaintiff and notified him that any objections were due 25 within 14 days. (Id. at 9.) The Court advised him that the “failure to file objections within the 26 specified time may result in the waiver of rights on appeal.” (Id.); see also Wilkerson v. Wheeler, 27 28 1 At the same time, the magistrate judge also ordered that Plaintiff’s filing fee be returned to him. 1 | 772 F.3d 834, 838-39 (9th Cir. 2014). Plaintiff did not file objections, and the time to do so has 2 | passed. 3 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 4 | case. Having carefully reviewed the 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 January 4, 2024 (Doc. 9), are 7 | ADOPTED IN FULL. 8 2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED as moot. 9 3. This matter is SUMMARILY DISMISSED in light of Plaintiff's failure to exhaust 10 | administrative remedies prior to filing it in this Court. See Doc. 1 at 3-5; see also 42 U.S.C. 8 11 | 1997e(a). 12 4. The Clerk of Court is directed to CLOSE this case. 13 4 IT IS SO ORDERED. 5 Dated: _ January 31, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28