(PC) Larkin v. Denham, et al., No. 1:2009cv00194 - Document 14 (E.D. Cal. 2010)

Court Description: ORDER Adopting 13 FINDINGS AND RECOMMENDATIONS and DISMISSING Action for Failure to Obey Court Order and Failure to State a Claim; DISMISSAL COUNTS AS STRIKE Pursuant to 28 USC 1915(G) signed by Chief Judge Anthony W. Ishii on 8/24/2010. CASE CLOSED. (Sant Agata, S)
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(PC) Larkin v. Denham, et al. Doc. 14 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 JETHRO L. LARKIN, II, CASE NO. 1:09-CV-00194-AWI-DLB PC 13 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO OBEY COURT ORDER AND FAILURE TO STATE CLAIM 14 v. 15 JOHN DENHAM, et al., 16 (ECF NO. 13) Defendants. 17 / DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) 18 19 Plaintiff Jethro L. Larkin, II (“Plaintiff”) is a California state prisoner proceeding pro se in 20 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On June 17, 2010, the Magistrate Judge filed a Findings and Recommendations herein which 23 was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and 24 Recommendations was to be filed within twenty days. Plaintiff did not file a timely Objection to the 25 Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed June 17, 2010, is adopted in full; and 3 2. This action is dismissed for failure to obey a court order and failure to state a claim 4 upon which relief may be granted. 5 6 7 8 IT IS SO ORDERED. Dated: 0m8i78 August 24, 2010 CHIEF UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2