Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES TRAYZON GILBERT, No. 1:19-cv-01464-NONE-SAB (PC) Plaintiff, v. ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS AND

KATHLEEN ALLISON, et al., DENYING MOTION FOR SUMMARY

JUDGMENT WITHOUT PREJUDICE

Defendants. (Doc. Nos. 45, 59)

Plaintiff Charles Trayzon Gilbert is appearing 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 April 22, 2021, the assigned magistrate judge issued findings and recommendations (Doc. No. 59) recommending that defendants’ motion for summary judgment (Doc. No. 45) be granted, and the instant action be dismissed, without prejudice, due to plaintiff’s failure to exhaust his administrative remedies prior to filing suit as required. Those findings and recommendations were served on the parties and contained notice that…