Zarco

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO DISMISS

Plaintiff Juan Daniel Zarco filed a civil rights action against seven officers and a doctor at Calipatria State Prison. The Defendants have moved to dismiss the complaint for Plaintiffs failure to exhaust administrative remedies. Magistrate Judge Barbara L. Majors issued a Report and Recommendation that the motion be granted. Zarco did not file any objections.

The Court agrees with the analysis and conclusion of the Report and Recommendation and adopts it as the opinion of the Court. The Court agrees that Plaintiff, who had documented 602 appeals filed with the prison, did not pursue administrative appeals of his claims in this case. Even if he did submit Exhibits B and K, he did not pursue all levels of administrative review. For the same reasons set-forth by Magistrate Judge Majors, the Court concludes that Plaintiff did not exhaust available administrative remedies. Therefore, his complaint must be dismissed.

The Court hereby ADOPTS the Report and Recommendation filed on October 10, 2004, and GRANTS the motion to dismiss. The Clerk shall enter final judgment for the Defendants dismissing the complaint…