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16-343 - Mayes v. Valdez et al

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16-343 - Mayes v. Valdez et al
January 11, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should grant Sheriff Valdez's summary judgment motion [Dkt. No.18] to the extent that, because Mayes failed to exhaust available administrative remedies as to one of his grievances, the subject matter of that grievance should not be considered in this action. And the Court should otherwise deny the motion for summary judgment without prejudice to Sheriff Valdez's reasserting her nonexhaustion-related affirmative defenses in the future. (Ordered by Magistrate Judge David L. Horan on 1/11/2017) (mcrd)
February 23, 2017
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Order Accepting 39 Findings and Recommendations. The court overrules Plaintiff's objections, grants Sheriff Valdez's 18 Motion for Summary Judgment with respect to Plaintiffs second grievance and related claim brought under 42 U.S.C. ยง 1983, and dismisses without prejudice this claim. The court denies the motion with respect to the other grounds relied upon by the Sheriff, as the court's Local Civil Rules allow the parties to file only one summary judgment motion. (Ordered by Judge Sam A Lindsay on 2/23/2017) (ykp)