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Gray v. Virga

United States District Court, E.D. California

March 31, 2014

BERNARDOS GRAY, JR., Plaintiff,
v.
T. VIRGA, 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 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On January 27, 2014, the magistrate judge filed findings and recommendations, 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. Defendants have 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 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 January 27, 2014 are adopted in full;

2. The motion to dismiss for failure to exhaust administrative remedies (ECF No. 14) is granted as to defendant Wangombe and Phelps, and denied with respect to defendants Virga, Nielson, Starnes and Gam; and

3. Defendants Virga, Nielson, Starnes and Gam are directed to file an answer to the complaint within 30 days from the date of this order.


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