Ornelas

ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT’S MOTION TO DISMISS (Docket No. 15)

I.

INTRODUCTION.

PANTERA ORNELAS, (“Plaintiff’), an inmate at Centinela State Prison, has filed an action pro se under 42 U.S.C. § 1983 , alleging violation of his civil rights. Specifically, he alleges he was denied freedom from cruel and unusual punishment, due process, and access to the courts. (First Amended Complaint at 5-11). Defendants moved to dismiss. The Honorable Magistrate Judge William McCurine Jr. issued a Report and Recommendation, recommending the case be dismissed for failure to exhaust administrative remedies. Plaintiff filed objections to the Report and Recommendation. The Court has made a de novo review of the Report and Recommendation. See, 28 U.S.C. § 636 (b). For the reasons set forth below, the Court adopts the Report and Recommendation, and orders the Complaint be dismissed in its entirety without prejudice and without leave to amend for Plaintiffs failure to fully exhaust his administrative remedies.

II.

FACTUAL AND PROCEDURAL BACKGROUND.

On April 16, 2002, Plaintiff was incarcerated at Centinela State Prison. On April 16, 2002, Plaintiff claims that…