Opinion
1:20-cv-00315-AWI-CDB (PC)
04-07-2023
COLTON JAMES ROOD, Plaintiff, v. BURDEN, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO GRANT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FOR A FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
(DOC. 59)
Plaintiff Colton James Rood is 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 March 14, 2023, the assigned magistrate judge issued findings and recommendations, recommending that Defendants' motion for summary judgment for a failure to exhaust administrative remedies be granted and that Plaintiff's complaint be dismissed without prejudice. (See Doc. 59.) The magistrate judge provided 14 days within which any party could file any objections to the findings and recommendations. (Id. at 22.) Plaintiff filed his objections on March 31, 2023. (Doc. 60.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the file, including Plaintiff's objections, the Court finds the findings and recommendations to be supported by the record and proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations issued on March 14, 2023 (Doc. 59) are ADOPTED in full;
2. Defendants E. Burden and R. Strebel's motion for summary judgment for a failure to exhaust administrative remedies (Doc. 49) is GRANTED;
3. Plaintiff's complaint is DISMISSED without prejudice; and
4. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.