(PC) Denard-Darnell v. Rios, No. 1:2011cv00717 - Document 15 (E.D. Cal. 2012)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 ; ORDER DISMISSING Action for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983; ORDER That Dismissal is Subject to 28 U.S.C. § 1915(g); ORDER DIRECTING Clerk to Close Case, signed by District Judge Anthony W. Ishii on 11/27/12. (CASE CLOSED)(Hellings, J)

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(PC) Denard-Darnell v. Rios Doc. 15 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 8 NEAL DENARD DARNELL, 9 10 11 12 13 ) ) ) Plaintiff, ) ) v. ) ) HECTOR RIOS, ET AL., ) ) Defendants. ) ____________________________________) 14 NO. 1:11-cv-717 AWI GSA PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 14 ) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) 15 ORDER DIRECTING CLERK TO CLOSE CASE 16 17 18 Plaintiff is a former federal prisoner proceeding pro se in this civil rights action. The 19 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 20 Local Rule 302. 21 On October 25, 2012, findings and recommendations were entered, recommending 22 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was 23 provided an opportunity to file objections within thirty days. To date, Plaintiff has not filed 24 objections or otherwise responded to the findings and recommendations.1 25 26 1 27 28 On October 25, 2012, the Court served the findings and recommendations on Plaintiff at his address of record. (ECF No. 14). On November 1, 2012, the findings and recommendations were returned by the U.S. Postal Service as undeliverable. A notation on the envelope indicates that Plaintiff was discharged from CDCR custody. Local Rule 183(b) requires Plaintiff to keep the Court informed of his address. Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, THE COURT HEREBY ORDERS that: 5 1. The Findings and Recommendations issued by the Magistrate Judge on October 25, 6 7 8 9 10 11 12 2012, are adopted in full; 2. This action is dismissed with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under section 1983; 3. This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g); and 4. The Clerk of Court is directed to close this case. IT IS SO ORDERED. 13 14 Dated: 0m8i78 November 27, 2012 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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