(PC) Richardson v. Butler, No. 1:2009cv01151 - Document 21 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 20 FINDINGS AND RECOMMENDATIONS and DISMISSING Action for failure to state a claim; DISMISSAL Counts as STRIKE pursuant to 28:1915(G), signed by Judge Oliver W. Wanger on 12/14/2010. Case Closed(Martin, S)
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(PC) Richardson v. Butler Doc. 21 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JOHN ALBERT RICHARDSON, 9 1:09-CV-01151-OWW-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM 10 v. 11 S. BUTLER, (DOC. 20) 12 Defendant. DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) 13 / 14 15 Plaintiff John Albert Richardson ("plaintiff") is a 16 California state prisoner proceeding pro se in this civil rights 17 action pursuant to 42 U.S.C. § 1983. 18 a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 The matter was referred to On October 22, 2010, the Magistrate Judge filed a Findings 21 and Recommendations herein which was served on plaintiff and 22 which contained notice to plaintiff that any objection to the 23 Findings and Recommendations was to be filed within thirty days. 24 Plaintiff did not file a timely Objection to the Findings and 25 Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), 27 this Court has conducted a de novo review of this case. Having 28 carefully reviewed the entire file, the Court finds the Findings 1 Dockets.Justia.com 1 and Recommendations to be supported by the record and by proper 2 analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. 5 6 2010, is adopted in full; 2. 7 8 9 The Findings and Recommendations, filed October 22, This action is dismissed 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). 10 11 IT IS SO ORDERED. 12 Dated: December 14, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2