Summary
finding time to exhaust administrative remedies to have coexisted with the two-year tolling for the disability of imprisonment but not to have extended the limitations period
Summary of this case from Lopez v. SchwarzeneggerOpinion
No. CIV S-06-2684 LKK EFB P.
March 25, 2008
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 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 General Order No. 262.
On February 14, 2008, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within twenty days. Neither party has filed objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 14, 2008, are adopted in full;
2. Defendant's July 5, 2007, motion to dismiss is granted; and
3. This action is dismissed as untimely.