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Long v. Pruett

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 9, 2010

JESSIE LONG, PLAINTIFF,
v.
J. PRUETT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Dean D. Pregerson United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. The Court concurs with and adopts the findings, conclusions, and recommendations of the Magistrate Judge,

IT IS ORDERED that the Judgment be entered: (1) approving and adopting this Report and Recommendation; (2) granting Defendants Haws', Brown's, Lewis', and Scribner's Motion for Judgment on the Pleadings for failure to exhaust administrative remedies and dismissing the action as to those Defendants without prejudice; (3) dismissing without prejudice claims four and five for failure to exhaust administrative remedies; and (4) ordering Defendant Pruett to file a Motion for Summary Judgment as to claims one, two and three, if deemed appropriate, within thirty days from the entry of the Order adopting this Report and Recommendation.

Prepared by:

HONORABLE OSWALD PARADA United States Magistrate Judge

20100409

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