(PC) Shotwell v. Duncan, et al., No. 1:2010cv00401 - Document 13 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS In Full And Dismissing Action With Prejudice For Failure To State A Claim, signed by District Judge Lawrence J. O'Neill on 1/6/2011. DISMISSAL COUNTS AS STRIKE Pursuant to 28 U.S.C. 1915(G). CASE CLOSED (Strike). (Marrujo, C)

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(PC) Shotwell v. Duncan, et al. Doc. 13 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 PRINCE DEON SHOTWELL, JR., CASE NO. 1:10-CV-00401-LJO-DLB PC 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL AND DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM 11 v. 12 W. A. DUNCAN, et al., 13 (DOC. 10) Defendants. 14 DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) 15 / 16 17 Plaintiff Prince Deon Shotwell, Jr. (“plaintiff”) is a California state prisoner proceeding pro 18 se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On December 2, 2010, the Magistrate Judge filed a Findings and Recommendations herein 21 which was served on plaintiff and which contained notice to plaintiff that any objection to the 22 Findings and Recommendations was to be filed within thirty days. Plaintiff filed an Objection to the 23 Findings and Recommendations on December 15, 2010. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this 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. Plaintiff’s allegations of 27 a mind map being used on Plaintiff are implausible, and fail to state a claim. See Ashcroft v. Iqbal, 28 129 S. Ct. 1937, 1949-50 (2009). 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed December 2, 2010, is adopted in full; 3 2. This action is DISMISSED with prejudice for failure to state a claim upon which 4 relief may be granted; and 5 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). 6 IT IS SO ORDERED. 7 Dated: b9ed48 January 6, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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