-DLB (PC) Caranchini v. Schwarzenneggar et al, No. 1:2010cv02389 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER Adopting Findings and Recommendations and Dismissing Action without Prejudice 7 , signed by Senior Judge Oliver W. Wanger on 9/6/11. Dismissal Counts as Strike pursuant to 28 USC 1915(G). CASE CLOSED. (Verduzco, M)

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-DLB (PC) Caranchini v. Schwarzenneggar et al Doc. 12 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 BENJAMIN CARANCHINI, 9 1:10-CV-02389-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION WITHOUT PREJUDICE 10 v. 11 (DOC. 7) ARNOLD SCHWARZENEGGAR, et al., 12 DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) 13 Defendants. 14 / 15 16 Plaintiff Benjamin Caranchini (“Plaintiff”) is a former 17 California state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff filed a complaint 19 on December 27, 2010. Doc. 1. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 302. 22 On June 15, 2011, the Magistrate Judge filed a Findings and 23 Recommendations which was served on Plaintiff and which contained 24 notice to Plaintiff that any objection to the Findings and 25 Recommendations was to be filed within twenty-one days. Doc. 7. 26 Plaintiff did not file a timely Objection to the Findings and 27 Recommendations. 28 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1), 2 this Court has conducted a de novo review of this case. 3 carefully reviewed the entire file, the Court finds the Findings 4 and Recommendations to be supported by the record and by proper 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Having 8 9 The Findings and Recommendations, filed June 15, 2011, is adopted in full; 2. The action is dismissed without prejudice pursuant to the 10 favorable termination rule of Heck v. Humphrey, 512 U.S. 11 477 (1994); and 12 13 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). 14 IT IS SO ORDERED. 15 Dated: September 6, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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