-GBC (PC) Campbell v. Geragos et al, No. 1:2010cv02231 - Document 5 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 4 FINDINGS AND RECOMMENDATIONS Recommending Dismissal of Action, without Prejudice, for Failure to State a Claim signed by District Judge Lawrence J. O'Neill on 01/27/2011. CASE CLOSED.(Flores, E)

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-GBC (PC) Campbell v. Geragos et al Doc. 5 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KANE CAMPBELL, 10 CASE NO. 1:10-cv-02231-LJO-GBC PC Plaintiff, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF ACTION, WITHOUT PREJUDICE, FOR FAILURE TO STATE A CLAIM v. 12 GERAGOS B. GERAGOS, et al., 13 Defendants. (Docs. 1, 4) 14 / 15 16 Plaintiff Kane Campbell1 (“Plaintiff”), a state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983, filed the complaint in this action on December 2, 2010. (Doc. 18 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 On December 9, 2010, the Magistrate Judge issued findings and recommendations 21 recommending that the action be dismissed for failure to state a claim. (Doc. 4.) The parties were 22 given thirty days within which to file objections and no objections have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 25 and recommendations to be supported by the record and by proper analysis. 26 /// 27 28 1 Plaintiff is also known as W esley Kane Campbell. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed December 9, 2010, are adopted in full; 3 2. This action, is dismissed, without prejudice, based on Plaintiff’s failure to state a 4 claim upon which relief may be granted under section 1983; 5 3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and 6 4. The Clerk of the Court is directed to close this case. 7 IT IS SO ORDERED. 8 Dated: b9ed48 January 27, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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