(PC) Smith v. Ayris, No. 1:2010cv00428 - Document 14 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS and Dismissing Action without Prejudice; Dismissal Counts as Strike Pursuant to 28 U.S.C. § 1915(G), signed by Chief Judge Anthony W. Ishii on 11/13/2010. CASE CLOSED.(Flores, E)
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(PC) Smith v. Ayris Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVIE SMITH, 12 13 14 15 CASE NO. 1:10-CV-00428-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING ACTION WITHOUT PREJUDICE v. ROBERT L. AYRIS, JR., et al., (DOC. 13) Defendants. 16 DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) / 17 18 Plaintiff Stevie Smith (“plaintiff”) is a California state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint in 20 on January 19, 2010. The matter was referred to a United States Magistrate Judge pursuant to 28 21 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On October 12, 2010, the Magistrate Judge filed a Findings and Recommendations herein 23 which was served on Plaintiff and which contained notice to Plaintiff that any objection to the 24 Findings and Recommendations was to be filed within twenty-one days. Plaintiff did not file a 25 timely Objection to the 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 October 12, 2010, is adopted in full; 3 2. This action is dismissed without prejudice for violation of the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994); and 4 5 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). 6 7 8 9 IT IS SO ORDERED. Dated: 0m8i78 November 13, 2010 CHIEF UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2