Malec

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST HOWARD SHARPLEY, III, No. 1:18-cv-01122-DAD-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

MALEC, et al., SUMMARY JUDGMENT IN FAVOR OF

DEFENDANTS

Defendants. (Doc. Nos. 30, 33)

17 Plaintiff Ernest Howard Shipley, III, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 30, 2019, the assigned magistrate judge issued findings and recommendations, recommending that defendants’ motion for summary judgment (Doc. No. 30) be granted due to plaintiff’s failure to exhaust his administrative remedies prior to filing suit. (Doc. No. 33.) The findings and recommendations were served on the parties and contained notice that objections were due within twenty-one days. Though plaintiff…