Case 2:20-cv-10093-JWH-AGR Document 43 Filed 09/27/22 Page 1 of 2 Page ID #:267

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 OMAR AGEEL, ) NO. CV 20-10093-JWH (AGR) ) 12 Plaintiff, ) ) ORDER ACCEPTING FINDINGS AND 13 v. ) RECOMMENDATION OF UNITED ) STATES MAGISTRATE JUDGE 14 R.C. JOHNSON, et al., ) ) 15 Defendants. ) ) 16 17 18 19 20 21 22 23 24 25 26 27 28 ase 2:20-cv-10093-JWH-AGR Document 43 Filed 09/27/22 Page 2of2 Page ID #:268

1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the complaint, records on 2 | file, and the Report and Recommendation (“Report”) of the United States Magistrate 3 || Judge. No objections to the Report have been filed. The Court accepts the findings 4 || and recommendation of the Magistrate Judge. 3 Plaintiff has filed a document indicating that, after the Report was issued, he 6 || submitted a grievance to the prison on February 27, 2022. On March 8, 2022, the 7 || prison issued a decision that exhausted Plaintiff's administrative remedies. (Dkt. No. 8 | 38.) 9 Dismissal without prejudice is appropriate when a civil rights plaintiff files suit 10 || before exhaustion of remedies. Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 11 || 2006). 12 IT IS ORDERED that Defendants’ motion for summary judgment is GRANTED 13 || without prejudice to Plaintiff's ability to file a fully exhausted First Amended Complaint 14 || within 30 days after entry of this order or a new action. See Saddozai v. Davis, 2022 15 || U.S. App. LEXIS13820 (9th Cir. May 23, 2022) (Rule 15 permits filing of operative 16 || amended or supplemented complaint to cure exhaustion).' All pending motions are 17 | DENIED. 18 If Plaintiff chooses to file a First Amended Complaint, it must be filed within 30 19 || days after entry of this order, bear the docket number assigned to this case, be 20 || labeled “First Amended Complaint,” and be complete in and of itself without reference 21 || to previous complaints, attachments, pleadings or other documents. The Clerk is 22 || DIRECTED to provide Plaintiff with a blank California Central District of California 23 |] prisoner civil rights complaint form.

DATED. September 27, 2022 VG. Ue 26 United States Distt J uidge

' The Ninth Circuit issued its decision in Saddozai after the Report was 28 | issued.