(PC)Roberson v. CDCR

• Court: District Court, E.D. California
• Decided: January 23, 2024
• Docket: 1:22-cv-00833
• Status: Unknown

Opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS ROBERSON, No. 1:22-cv-00833 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING 13 v. DEFENDANTS’ EXHAUSTION MOTION FOR SUMMARY JUDGMENT 14 CDCR, et al., (Docs. 29, 39) 15 Defendants. 16 17 Morris Roberson seeks to hold the defendants liable for violations of his civil rights 18 pursuant to 42 U.S.C. § 1983. Defendants assert Plaintiff failed to exhaust his available 19 administrative remedies for his claim for failure to intervene and seek summary adjudication on 20 the claim. (Doc. 29.) 21 The magistrate judge found Defendants “carried their burden to show that there was an 22 available administrative remedy and that Plaintiff did not exhaust that available remedy prior to 23 commencement of the instant lawsuit.” (Doc. 39 at 14.) The magistrate judge determined the 24 evidence—including other submitted and exhausted grievances—showed that “Plaintiff simply 25 failed to assert all of the factual allegations raised in the instant action without excuse.” (Id. at 26 21.) Therefore, the magistrate judge recommended that Defendants’ motion be granted, and 27 Plaintiff’s failure to intervene claim against Defendants Gonzalez, Charles, Loza, Hunter, 28 Rodriguez, and Acebedo be dismissed without prejudice. (Id. at 22.) 1 The Court served the Findings and Recommendations on Plaintiff and notified him that 2 | any objections were to be filed within 21 days after service and that the failure to file timely 3 | objections may result in a waiver of rights on appeal. (Doc. 39 at 21, citing Wilkerson v. Wheeler, 4 | 772 F.3d 834, 839 (9th Cir. 2014).) No objections were filed and the time to do so expired. 5 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court performed a de 6 | novo review of this case. Having carefully reviewed the entire matter, the Court concludes the 7 | Findings and Recommendations are supported by the record and by proper analysis. Thus, the 8 | Court ORDERS: 9 1. The Findings and Recommendations issued on December 5, 2023 (Doc. 39) are 10 ADOPTED in full. 11 2. Defendants’ exhaustion motion for summary judgment (Doc. 29) is GRANTED. 12 3. Plaintiff's failure to intervene claims against Defendants Gonzalez, Charles, Loza, 13 Hunter, Rodriguez, and Acebedo are DISMISSED from the action, without 14 prejudice, for failure to exhaust the administrative remedies. 15 4. The matter is referred to the magistrate judge for further proceedings. 16 7 IT IS SO ORDERED. 1g | Dated: _January 22, 2024 Charis [Tourn TED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28