IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 12, 2009
ROBERT CALDERON, PLAINTIFF,
S. BABICH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District 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 General Order No. 262.
On January 23, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. After receiving an extension of time, 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 72-304, 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.
Plaintiff has also filed a request for a continuance of this matter to obtain counsel and to review a case cited by the magistrate judge in the findings and recommendations. After review of the record herein, and good cause appearing, plaintiff's request will be denied.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's February 19, 2009 request for a continuance is denied;
2. The findings and recommendations filed January 23, 2009, are adopted in full;
3. Defendants' May 16, 2008 motion to dismiss is granted; and
4. This action is dismissed for failure to properly exhaust administrative remedies prior to suit.
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