Opinion
2:22-cv-00898-DAD-DB (PC)
10-18-2023
MALCOLM STRICKLAND, Plaintiff, v. A. JENKINS, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS
(DOC. NOS. 21, 25)
DALE A. DROZD, UNITED STATES DISTRICT JUDGE
Plaintiff Malcolm Strickland is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 27, 2023, the assigned magistrate judge issued findings and recommendations recommending that defendant N. Rich's motion to dismiss (Doc. No. 21) be granted and that defendant Rich be dismissed from this action because plaintiff has conceded that he did not exhaust his administrative remedies against defendant Rich prior to filing the operative first amended complaint in this action. (Doc. No. 25 at 7.) Those findings and recommendations were served on the parties and contained notice that any objections thereto were to be filed within thirty (30) days from the date of service. (Id. at 8.) To date, no objections have been filed, and the time in which to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the findings and recommendations are supported by the record and by proper analysis.
Accordingly, 1. The findings and recommendations issued on July 27, 2023 (Doc. No. 25) are adopted in full;
2. The motion to dismiss filed by defendant N. Rich (Doc. No. 21) is granted;
3. Defendant N. Rich is dismissed from this action;
4. The Clerk of the Court is directed to update the docket to reflect that N. Rich has been terminated as a named defendant in this action; and
5. This action is referred back to the assigned magistrate judge for further proceedings.