Doerer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL BENANTI, Case No. 1:24-cv-01108 JLT CDB (PC) Plaintiff, ORDER GRANTING CONSTRUED RULE

MOTION; VACATING JUDGMENT AND

v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS; REMANDING TO

J. DOERER, et al., ASSIGNED MAGISTRATE JUDGE

Defendants. (Docs. 16, 17, 21, 22)

16 Michael Benanti is a federal prisoner who seeks to hold the defendants liable for violations of his civil rights based upon the conditions of lockdown that occurred at USP-Atwater from August 9 to October 9, 2024. (See generally Doc. 10.) On November 21, 2024, the Court ordered Plaintiff to show cause why the matter should not be dismissed for failure to exhaust administrative remedies. (Doc. 13.) After Plaintiff did not respond, the magistrate judge recommended dismissal without prejudice. (Doc. 15.) After a de novo review, the Court dismissed the action without prejudice for failure to exhaust administrative remedies and entered judgment…