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Blackwell v. California Dep't of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 11, 2009

KEITH BLACKWELL, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST, WITHOUT PREJUDICE TO RENEWAL WITHIN SIXTY DAYS (Docs. 161 and 166)

This civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Keith Blackwell, a former state prisoner proceeding pro se and in forma pauperis. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.

On July 14, 2009, the Magistrate Judge filed a Findings and Recommendations herein which was served on the parties and which contained notice to the parties that any objections were to be filed within fifteen days. No objections have bee filed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), 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.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed July 14, 2009, is adopted in full;

2. Defendants' motion to dismiss, filed May 29, 2009, is DENIED, without prejudice; and

3. Defendants have sixty (60) days from the date of service of this order within which to file an unenumerated Rule 12(b) motion.

IT IS SO ORDERED.

20090911

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