Opinion
2:20-cv-0342 JAM CKD P
09-07-2021
ARTHUR DEWAYNE TOWNSEND, JR., Plaintiff, v. MELVIN ENCINA, et al., Defendants.
ORDER
THE HONORABLE JOHN A. MENDEZ, UNITED STATES DISTRICT COURT JUDGE.
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 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 Rule 302.
On June 15, 2021, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. /////
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed June 15, 2021, are adopted in full;
2. Defendant's motion to dismiss (ECF No. 34) is granted;
3. Plaintiff's second amended complaint is dismissed for failure to exhaust available administrative remedies prior to brining suit;
3. Plaintiff's request for a transfer to a different prison (ECF No. 38) is denied as moot; and
4. This case is closed.