Opinion
Case No. 2:16-cv-03840-JAK-KES
09-04-2018
DEREK WARDLAW, Plaintiff, v. MARINO, et al., Defendants.
ORDER ACCEPTING AMENDED REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the records and files herein, along with the Amended Report and Recommendation of the United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. (Dkt. 95.) The Court accepts the findings, conclusions, and recommendations of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that Judgment be entered (1) granting summary judgment in favor of Defendants Ming Chen and Juan Merino and dismissing the Third Amended Complaint without prejudice as to those Defendants due to failure to exhaust administrative remedies, and (2) dismissing the Third Amended Complaint without prejudice as to the Defendants identified as "PTS, LLC (Workers, Names Unknown)" due to failure to prosecute. DATED: September 4, 2018
/s/_________
JOHN A. KRONSTADT
UNITED STATES DISTRICT JUDGE