(PC) Simpson v. Doerer

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MERL SIMPSON, No. 1:24-cv-01528-KES-SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 13 v. ACTION WITHOUT PREJUDICE 14 J. DOERER, et al., 15 (Doc. 8) Defendants. 16 17 18 19 On December 13, 2024, plaintiff filed this civil rights complaint pursuant to Bivens v. Six 20 Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). This matter was referred to a United 21 States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On December 18, 2024, the assigned magistrate judge ordered plaintiff to show cause why 23 the action should not be dismissed for failure to exhaust administrative remedies. Doc. 5. 24 Plaintiff failed to respond to the order to show cause. 25 Thereafter, on January 21, 2025, the magistrate judge issued findings and 26 recommendations recommending that this action be dismissed, without prejudice, for plaintiff’s 27 failure to exhaust his administrative remedies prior to filing this action. Doc. 8. The findings and 28 recommendations were served on plaintiff and contained notice that any objections thereto were 1 | to be filed within fourteen (14) days after service. /d. at 6. Plaintiff did not file objections and 2 | the time to do so has passed. 3 In accordance with 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of 4 | thecase. Having carefully reviewed the file, the Court concludes that the findings and 5 || recommendations are supported by the record and by proper analysis. 6 Accordingly: 7 1. The findings and recommendations issued on January 21, 2025, Doc. 8, are adopted in 8 full; 9 2. This action is dismissed, without prejudice, for plaintiffs failure to exhaust administrative 10 remedies prior to filing suit; and 11 3. The Clerk of the Court is directed to close this case. 12 13 14 | IIS SO ORDERED. _ 15 Dated: _ March 25, 2025 4h 6 UNITED STATES DISTRICT JUDGE

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