(PC) Foster v. Enenmoh et al, No. 1:2008cv01849 - Document 28 (E.D. Cal. 2010)
Court Description: ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING ACTION (Strike), With Prejudice, for Failure to State a Claim; ORDER for This Dismissal to Count as a Strike Pursuant to 28 U.S.C. 1915(g); ORDER DIRECTING Clerk to Close Case signed by District Judge Lawrence J. O'Neill on 4/15/2010. CASE CLOSED. (Bradley, A)
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(PC) Foster v. Enenmoh et al Doc. 28 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL LOUIS FOSTER, 11 12 13 Plaintiff, vs. A. ENENMOH, et al., 14 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 26.) ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM ORDER FOR THIS DISMISSAL TO COUNT AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) 16 17 18 1:08-cv-01849-LJO-SMS-PC ORDER DIRECTING CLERK TO CLOSE CASE Defendants. _____________________________/ 19 Michael Louis Foster (“plaintiff”) is a state prisoner proceeding pro se in this civil 20 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 21 Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. 22 On February 19, 2010, findings and recommendations were entered, recommending 23 that this action be dismissed based on plaintiff’s failure to state a claim upon which relief may be 24 granted under section 1983. (Doc. 23.) On April 12, 2010, plaintiff filed objections to the findings 25 and recommendations. (Doc. 27.) 26 In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73- 27 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire 28 1 Dockets.Justia.com 1 file, including plaintiff's objections, the court finds the findings and recommendations to be 2 supported by the record and proper analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. The Findings and Recommendations issued by the Magistrate Judge on February 5 19, 2010, 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 under section 1983; 8 3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and 9 4. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 11 Dated: b9ed48 April 15, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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