Sheets
Sheets v. Terhune
Opinion
Opinion
Ishii, J.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTION TO AMEND, DENYING PLAINTIFF’S MOTION FOR AN EXTENSION, GRANTING DEFENDANT’S MOTION TO DISMISS, AND DISMISSING ACTION
Plaintiff Daniel Dean Sheets (“Plaintiff’), a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 . The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 72-302.
On February 12, 2004, the Magistrate Judge filed Findings and Recommendations that recommend Defendants’ motion to dismiss be granted and this action be dismissed for Plaintiffs failure to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a). The Magistrate Judge also recommended that Plaintiffs motion to file a fourth amended complaint and Plaintiffs request for an extension of the deadlines for completing discovery, amending the pleadings, and filing pretrial dispositive motions be denied. The Findings and Recommendations were served on the parties and gave notice that any objections were to be filed within thirty days.
On March 16, 2004, Plaintiff filed objections to the Findings and Recommendations.