1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL THOMAS, Case No. 1:23-cv-01232 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING 13 v. DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT REGARDING EXHAUSTION, 14 CHRISTIAN PFEIFFER, et al. AND DISMISSING THE ACTION WITHOUT PREJUDICE 15 Defendants. (Docs. 26, 34) 16 17 Michael Thomas seeks to hold Palomino, a nurse, liable for violations of his civil rights 18 while housed at Kern Valley State Prison.1 (Docs. 16, 17.) Defendant seeks summary judgment, 19 asserting that Plaintiff failed to exhaust all his administrative remedies. (Doc. 26.) The 20 magistrate judge found that “the evidence viewed in the light most favorable to Plaintiff 21 demonstrates that he failed to properly exhaust the available administrative remedies prior to 22 filing this action, and Defendant’s motion for summary judgment should be granted.” (Doc. 34 at 23 20; see also id. at 12-20.) 24 The Court served the Findings and Recommendations on the parties and notified Plaintiff 25 that any objections were due within 14 days. (Doc. 34 at 21.) The Court advised him that the 26 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 27 1 Palomino was the only defendant named in the amended complaint, and Plaintiff dropped all other defendants. 28 (Compare Doc. 1 with Doc. 16.) 1 | Ud., citing Wilkerson v. Wheeler,

(9th Cir. 2014).) Plaintiff did not file 2 | objections, and the time to do so has passed. 3 According to

(b)(1), this Court performed a de novo review of this case. 4 | Having carefully reviewed the entire matter, the Court finds the Findings and Recommendations 5 || are supported by the record and proper analysis. Thus, the Court ORDERS: 6 1. The Findings and Recommendations issued on May 21, 2025 (Doc. 34) are 7 ADOPTED in full. 8 2. Defendant’s motion for summary judgment (Doc. 26) is GRANTED. 9 3. The action is DISMISSED without prejudice for failure to exhaust administrative 10 remedies. 11 4. The Clerk of Court is directed to enter judgment for Defendants, terminate all 12 pending motions, and to close this case. 13 4 IT IS SO ORDERED. 15 Dated: _ June 24, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28