(PC)Hines v. Gipson et al, No. 1:2014cv00563 - Document 15 (E.D. Cal. 2016)

Court Description: ORDER ADOPTING 14 Findings and Recommendations; ORDER DISMISSING Action, With Prejudice, 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 for Clerk to Close Case, signed by District Judge Anthony W. Ishii on 4/5/16. CASE CLOSED (Strike). (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER HINES, 12 13 14 15 1:14-cv-00563-AWI-EPG-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 14.) vs. ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 C. GIPSON, et al., Defendants. 16 17 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. ' 1915(g) 18 ORDER FOR CLERK TO CLOSE CASE 19 20 21 Christopher Hines (APlaintiff@) is a state prisoner proceeding pro se in this civil rights 22 action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate 23 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 24 On February 11, 2016, findings and recommendations were entered, recommending that 25 this action be dismissed based on Plaintiff=s failure to state a claim upon which relief may be 26 granted under §1983. (ECF No. 14.) Plaintiff was granted thirty days to file objections to the 27 findings and recommendations. The thirty-day time period has expired, and Plaintiff has not 28 filed objections or otherwise responded to the Court’s order. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 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 11, 2016, are adopted in full; 2. 9 10 This action is dismissed, with prejudice, based on Plaintiff=s failure to state a claim upon which relief may be granted under § 1983; 3. 11 12 The Findings and Recommendations issued by the Magistrate Judge on February This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. ' 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and 4. The Clerk of Court is directed to close this case. 13 14 15 IT IS SO ORDERED. Dated: April 5, 2016 SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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