(PC)Oscar Humberto Garcia-Mejia v. Gilkey et al, No. 1:2007cv00783 - Document 33 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS 32 , DISMISSING Action, With Prejudice, for Failure to State a Claim, and DIRECTING the Clerk to Close Case, Signed by District Judge Lawrence J. O'Neill on 4/23/2009. Civil Case Terminated, CASE CLOSED. (Arellano, S.)
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(PC)Oscar Humberto Garcia-Mejia v. Gilkey et al Doc. 33 1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 OSCAR HUMBERTO GARCIA-MEJIA, 8 9 10 1:07-cv-00783-LJO-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 32.) vs. GILKEY, et al., ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM 11 Defendants. 12 13 ORDER DIRECTING CLERK TO CLOSE CASE ___________________________________/ 14 Oscar Humberto Garcia-Mejia (“plaintiff”) is a federal prisoner proceeding pro se in 15 this civil rights action pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). 16 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) 17 and Local Rule 72-302. 18 On March 5, 2009, findings and recommendations were entered, recommending that 19 this action be dismissed based on plaintiff’s failure to state a claim upon which relief may be 20 granted. Plaintiff was provided an opportunity to file objections to the findings and 21 recommendations within thirty days. To date, plaintiff has not filed objections or otherwise 22 responded to the findings and recommendations.1 23 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 24 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 25 1 26 27 28 The United States Postal Service returned the findings and recommendations on March 17, 2009 as undeliverable, with a notation "Return to Sender, Refused, Inmate Not at This Institution, Released." However, plaintiff has not notified the court of any change in his address. Absent such notice, service at a party’s prior address is fully effective. Local Rule 83-182(f). 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. The Findings and Recommendations issued by the Magistrate Judge on March 5, 5 2009, are adopted in full; 6 7 2. This action is dismissed with prejudice, based on plaintiff’s failure to state a claim upon which relief may be granted; and 8 9 10 3. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: b9ed48 April 23, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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