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Davies v. Allen

United States District Court, E.D. California

March 31, 2014

AVON DAVIES, Plaintiff,
v.
ALLEN, et al., Defendants.

ORDER

KIMBERLY J. MUELLER, 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 as provide by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On October 7, 2013, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fourteen days. 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 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

The court notes plaintiff's objection that although certain claims were not properly exhausted, his Fourth Amendment claim was exhausted, albeit after filing of the instant suit. This is, however, insufficient to avoid dismissal. See

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed October 7, 2013 (ECF No. 25), are adopted in full;

2. This action is dismissed for failure to exhaust administrative remedies prior to filing suit.


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