IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 9, 2010
STEVEN WILLIAMS, PLAINTIFF,
D.L. RUNNELS, ET AL., DEFENDANTS.
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 September 1, 2010, 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-one days. Plaintiff has not filed objections to the findings and recommendations.*fn1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 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.
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed September 1, 2010, are adopted in full;
2. Plaintiff's motion to present further evidence of imminent danger, construed by the court as a motion to reconsider (Docket No. 73) is denied;
3. The motion to dismiss by defendants James, Roche and Cox (Docket No. 56) is granted for failure to exhaust administrative remedies; and
4. Plaintiff's motions for summary judgment (Docket Nos. 77 and 81) are denied as to defendants James, Roche and Cox and denied without prejudice as to defendant Scovel.