(PC)Taylor v. California Department of Corrections et al, No. 1:2009cv01094 - Document 18 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING in FULL the FINDINGS AND RECOMMENDATIONS 17 ; ORDER DISMISSING Action for Failure to State a Claim; ORDER For This Dismissal to Count as a Strike Pursuant to 28 U.S.C.§ 1915(g); ORDER DIRECTING Clerk to Close Case, signed by Judge Oliver W. Wanger on 6/18/10: This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g). (CASE CLOSED)(Hellings, J)
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(PC)Taylor v. California Department of Corrections et al Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OLDEN TAYLOR, 12 13 14 Plaintiff, vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 1:09-cv-01094-OWW-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 17.) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM 15 ORDER FOR THIS DISMISSAL TO COUNT AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) 16 17 ORDER DIRECTING CLERK TO CLOSE CASE 18 Defendants. _____________________________/ 19 Olden Taylor (“plaintiff”) is a former state prisoner proceeding pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 21 Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 22 On April 21, 2010, findings and recommendations were entered, recommending that 23 this action be dismissed based on plaintiff’s failure to state a claim upon which relief may be granted 24 under § 1983. Plaintiff was provided an opportunity to file objections to the findings and 25 recommendations within thirty days. To date, plaintiff has not filed objections or otherwise 26 responded to the findings and recommendations. 27 28 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 2 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 3 file, the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 8 The Findings and Recommendations issued by the Magistrate Judge on April 21, 2010, are adopted in full; 2. 9 This action is dismissed with prejudice, based on plaintiff’s failure to state a claim; 10 3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and 11 4. The Clerk of Court is directed to close this case. 12 IT IS SO ORDERED. 13 Dated: June 18, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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