(PC) Sang v. Scribner et al, No. 1:2007cv01759 - Document 51 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS in Full and Dismissing Action for Failure to State a Claim; Dismissal Counts as (Strike) signed by Judge Oliver W. Wanger on 10/20/2010. CASE CLOSED.(Flores, E)
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(PC) Sang v. Scribner et al Doc. 51 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 THON NGOT SANG, 9 1:07-CV-01759-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION IN FULL AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM 10 v. 11 A. K. SCRIBNER, et al., (DOC. 50) 12 Defendants. DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) 13 14 / 15 16 Plaintiff Thon Ngot Sang (“Plaintiff”) is a former state 17 prisoner proceeding pro se in this civil rights action pursuant to 18 42 U.S.C. § 1983. 19 amended complaint, 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. 21 § 636(b)(1)(B) and Local Rule 302 for screening pursuant to 28 22 U.S.C. § 1915A. Pending before the Court is Plaintiff’s second filed December 28, 2009. The matter was 23 On September 2, 2010, the Magistrate Judge filed a Findings 24 and Recommendations herein which was served on the parties and 25 which contained notice to the parties that any objection to the 26 Findings and Recommendations was to be filed within thirty days. 27 Neither 28 Recommendations. party filed a timely Objection to the Findings and 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 2010, is adopted in full; 2. 10 11 12 The Findings and Recommendations, filed September 2, This action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted; and 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). 13 IT IS SO ORDERED. 14 Dated: October 20, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2