Opinion
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
FERNANDO M. OLGUIN, District Judge.
Pursuant to 28 U.S.C. § 636, the Court has reviewed all the records and files herein, the magistrate judge's report and recommendation, and plaintiff's objections to the report and recommendation. The Court has engaged in a de novo review of those portions of the report and recommendation to which objections have been made. The Court accepts the recommendations of the magistrate judge.
ACCORDINGLY, IT IS ORDERED:
1. The report and recommendation is accepted.
2. Defendant's Motion to Dismiss is granted.
3. Plaintiff's action is dismissed without prejudice for failure to exhaust administrative remedies.
5. Judgment shall be entered consistent with this order.
6. The clerk shall serve this order and the judgment on all counsel or parties of record.