Medley v. Luther

Full title: LAURA L. MEDLEY, Plaintiff, v. DEPUTY LUTHER, Defendant.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Dec 2, 2008

CV 08-4218-DOC(E) (C.D. Cal. Dec. 2, 2008)

Opinion

LAURA L. MEDLEY, Plaintiff, v. DEPUTY LUTHER, Defendant. No. CV 08-4218-DOC(E) United States District Court, C.D. California. December 2, 2008

          ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          DAVID O. CARTER, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court approves and adopts the Magistrate Judge's Report and Recommendation.

         IT IS ORDERED that: (1) the Complaint and action are dismissed without prejudice for failure to exhaust available administrative remedies; (2) Defendant's Motion to Dismiss is otherwise denied without prejudice as moot; and (3) Defendant's Vexatious Litigant Motion is denied without prejudice as moot.

         IT IS FURTHER ORDERED that the Clerk serve copies of this Order, the Magistrate Judge's Report and Recommendation and the Judgment herein by United States mail on Plaintiff and counsel for Defendant.

         LET JUDGMENT BE ENTERED ACCORDINGLY.