Opinion
2:18-08223 DSF (ADS)
02-01-2021
ELBERT LEE HASKINS, Plaintiff, v. J. CASTELLON, et al., Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DISMISSING CASE
DALE S. FISCHER UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the records and files herein, including the Report and Recommendation (“R&R”) dated December 17, 2020 [Dkt. No. 55], Plaintiff's Objections to the R&R (“Objections”) [Dkt. No. 58], and Defendants' Response to Plaintiff's Objections [Dkt. No. 59].
Nothing in the Objections refutes the Magistrate Judge's finding that all claims in the current case must be dismissed for a failure to exhaust administrative remedies pursuant to the Prison Litigation Reform Act. See [Dkt. No. 55, p. 14]. Plaintiff does not identify any portion of the R&R that purportedly misapplied the law or failed to consider the significance of Plaintiffs facts, nor does Plaintiff object to the finding that he failed to exhaust administrative remedies. Plaintiffs objections, consisting of wholly new arguments and repeated conclusory allegations with no factual or evidentiary support do not refute the finding that there is no genuine issue of material fact whether Plaintiff exhausted his administrative remedies.
As such, after thorough analysis and consideration of the Complaint, the Motion for Summary Judgment, the Report and Recommendation and its related documents, and having performed a de novo review of those portions to which objections were made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
Accordingly, IT IS HEREBY ORDERED:
1. The United States Magistrate Judge's Report and Recommendation, [Dkt. No. 55], is accepted;
2. Defendants' Motion for Summary Judgment [Dkt. No. 40] is granted;
3. Plaintiff's Request to Stay [Dkt. No. 46] is denied;
4. The case is dismissed without prejudice; and
5. Judgment is to be entered accordingly.