Opinion
C23-854-JHC
04-26-2024
BRANDON DAVID WRIGHT, Plaintiff, v. JAY INSLEE, et al., Defendants.
ORDER DISMISSING CIVIL RIGHTS ACTION
JOHN H. CHUN UNITED STATES DISTRICT JUDGE
The Court, having reviewed Plaintiff's complaint (Dkt. # 5), Defendants' motion for summary judgment (Dkt. # 18), the Report and Recommendation (R&R) of the Honorable S. Kate Vaughan, United States Magistrate Judge (Dkt. # 27), Plaintiff Objections to the R&R (Dkt. # 29); Defendants' Response to Plaintiff's Objections to the R&R (Dkt. # 30), and the remaining record, hereby finds and ORDERS as follows:
(1) As the R&R observes, the applicable law-including 42 U.S.C. § 1997e(a) and Supreme Court and Ninth Circuit authority regarding the same-requires complete and proper exhaustion before a Section 1983 action may be brought. The R&R accurately describes the administrative remedies available to Plaintiff. Dkt. # 27 at 5-6. Plaintiff does not provide evidence that he exhausted these remedies.
(2) Accordingly, the Report and Recommendation is approved and adopted.
(3) The Court GRANTS Defendants' motion for summary judgment (Dkt. # 18).
(4) The Court DISMISSES Plaintiff's complaint (Dkt. # 5) without prejudice for failure of Plaintiff to comply with the exhaustion requirement of 42 U.S.C. § 1997e(a).
(5) The Clerk is directed to send copies of this Order to Plaintiff, to counsel for Defendants, and to the Honorable S. Kate Vaughan.