Jackson v. U.S., C18-0398-RSM. (2019)
Court: District Court, D. Washington
Number: infdco20190610871
Visitors: 11
Filed: Jun. 04, 2019
Latest Update: Jun. 04, 2019
Summary: ORDER OF DISMISSAL RICARDO S. MARTINEZ , Chief District Judge . Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS: (1) The Court ADOPTS the Report and Recommendation; (2) Defendant's motion for summary judgment (Dkt. 16) is GRANTED based on plaintiff's failure to exhaust his available administrative remedies; (3) This action is DISMISS
Summary: ORDER OF DISMISSAL RICARDO S. MARTINEZ , Chief District Judge . Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS: (1) The Court ADOPTS the Report and Recommendation; (2) Defendant's motion for summary judgment (Dkt. 16) is GRANTED based on plaintiff's failure to exhaust his available administrative remedies; (3) This action is DISMISSE..
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ORDER OF DISMISSAL
RICARDO S. MARTINEZ, Chief District Judge.
Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS:
(1) The Court ADOPTS the Report and Recommendation;
(2) Defendant's motion for summary judgment (Dkt. 16) is GRANTED based on plaintiff's failure to exhaust his available administrative remedies;
(3) This action is DISMISSED without prejudice. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003), overruled on other grounds by Albino, 747 F.3d at 1162 ("If the district court concludes that the prisoner has not exhausted nonjudicial remedies, the proper remedy is dismissal of the claim without prejudice."); Carrea v. California, 551 Fed. Appx. 368, 369 (9th Cir. 2014) (remanding for the entry of dismissal without prejudice because the proper remedy for non-exhaustion is dismissal without prejudice); and
(4) The Clerk is directed to send copies of this Order to the parties and to Judge Theiler.
Source: Leagle
