Opinion
CASE NO. C06-5496RBL-KLS.
October 12, 2007
ORDER
The Court, having reviewed defendant's motion to dismiss (Dkt. #27), the Report and Recommendation of United States Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) Plaintiff has moved for an Extension of Time to Respond to the Motion to Dismiss [Dkt. #35]. However, the record reflects that plaintiff filed a response in opposition to defendant's motion to dismiss on August 13, 2007, consisting of a memorandum and 70 pages of exhibits. [Dkt. #28]. The Magistrate Judge, in her Report and Recommendation, specifically referred to plaintiff's response. Therefore, plaintiff's motion for an extension of time [Dkt. #35] is DENIED.
(2) The Court adopts the Report and Recommendation.
(3) Defendant's motion is GRANTED.
(4) Plaintiff's complaint is hereby DISMISSED without prejudice for failure to exhaust his administrative remedies.
(5) The Clerk is directed to send copies of this Order to plaintiff, defendant's counsel and Magistrate Judge Karen L. Strombom.