(PC) James Ingram v. Brewer et al, No. 1:2007cv00176 - Document 22 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 20 FINDINGS and RECOMMENDATIONS and Dismissing Third Amended Complaint for Failure to State a Claim Upon which Relief may be Granted; This Dismissal Shall Count as a Strike signed by Judge Oliver W. Wanger on 04/14/209. CASE CLOSED. (Flores, E)
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(PC) James Ingram v. Brewer et al Doc. 22 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JAMES INGRAM, 10 CASE NO. 1:07-cv-00176-OWW-DLB (PC) Plaintiff, Defendants. 11 (Doc. 20) v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING THIRD AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED BREWER, et al., 13 14 THIS DISMISSAL SHALL COUNT AS A STRIKE PURSUANT TO 28 U.S.C. §1915(g) 15 / 16 17 Plaintiff James Ingram (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 20 On February 24, 2009, the Magistrate Judge filed a Findings and Recommendations 21 herein which was served on plaintiff and which contained notice to plaintiff that any objection to 22 the Findings and Recommendations was to be filed within thirty days. Plaintiff filed an 23 Objection to the Findings and Recommendations on March 23, 2009. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 26 Findings and Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed February 24, 2009, is adopted in full; 3 2. This action is dismissed for failure to state a claim upon which relief may be 4 5 granted; and 3. This dismissal shall count as a strike pursuant to 28 U.S.C. §1915(g). 6 IT IS SO ORDERED. 7 Dated: April 14, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 8 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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