-SKO (PC) Chavez v. Yates et al, No. 1:2009cv01080 - Document 17 (E.D. Cal. 2011)

Court Description: ORDER Adopting Findings and Recommendations, Dismissing Action with Prejudice for Failure to State a Claim Under Section 1983 or the ADA, and Directing Clerk of Court to Enter Judgment; ORDER Counting Dismissal as a Strike Under 28 USC 1915 (G), signed by Judge Oliver W. Wanger on 7/8/11. CASE CLOSED. (Verduzco, M)

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-SKO (PC) Chavez v. Yates et al Doc. 17 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL CHAVEZ, 10 Plaintiff, 11 12 CASE NO. 1:09-cv-01080-OWW-SKO PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER SECTION 1983 OR THE ADA, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT v. JAMES YATES, et al., 13 Defendants. (Docs. 9 and 11) 14 ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. § 1915(G) 15 / 16 17 Plaintiff Michael Chavez, a state prisoner proceeding pro se and in forma pauperis, filed this 18 civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with 19 Disabilities Act (ADA)) on June 19, 2009. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 1, 2011, the Magistrate Judge screened Plaintiff’s amended complaint and 22 recommended dismissal of this action for failure to state a claim. 28 U.S.C. § 1915A. After 23 receiving two extensions of time, Plaintiff filed his objection on July 5, 2011. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 25 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 26 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 Court adopts the Findings and Recommendations filed on April 1, 2011, in full; 3 2. This action is dismissed, with prejudice, for failure to state a claim under section 4 1983 or the ADA; 5 3. The Clerk of the Court shall enter judgment against Plaintiff; and 6 4. This dismissal counts as a strike under 28 U.S.C. § 1915(g). 7 8 IT IS SO ORDERED. 9 Dated: July 8, 2011 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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