Becker v. Newlin

Full title: RONALD BECKER, Plaintiff, v. J.E. NEWLIN, et al., Defendants

Court: United States District Court, E.D. California

Date published: Sep 26, 2005

No. CIV S-03-1333 FCD KJM P (E.D. Cal. Sep. 26, 2005)

Opinion

No. CIV S-03-1333 FCD KJM P.

September 26, 2005

ORDER

FRANK DAMRELL, District Judge

Plaintiff is a state prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On August 23, 2005, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed August 23, 2005 are adopted in full;

2. Defendant Newlin's November 5, 2004 motion to dismiss is granted; and

3. This action is dismissed without prejudice for failure to exhaust available administrative remedies prior to filing suit.