(PC) Fernandez v. Yates et al, No. 1:2010cv01045 - Document 12 (E.D. Cal. 2011)

Court Description: ORDER RE: FINDINGS AND RECOMMENDATIONS 11 , signed by Chief Judge Anthony W. Ishii on 7/22/11: Findings and Recommendations are ADOPTED in FULL; The Clerk is DIRECTED to close this case; and This dismissal shall count as a STRIKE under 28 U.S.C. § 1915(g). (CASE CLOSED)(Hellings, J)

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(PC) Fernandez v. Yates et al Doc. 12 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 BIRMER FERNANDEZ, ) ) Plaintiff, ) ) v. ) ) JAMES YATES, et al., ) ) Defendants. ) ____________________________________) No. 1:10 cv 1045 AWI GSA (PC) ORDER RE: FINDINGS & RECOMMENDATIONS Document # 11 16 17 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302. 20 On June 20, 2011, findings and recommendations were entered, recommending dismissal 21 of this action for failure to state a claim upon which relief can be granted. Plaintiff was provided 22 an opportunity to file objections within twenty days. Plaintiff has not filed objections to the 23 findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and proper analysis. 27 28 Dockets.Justia.com 1 Accordingly, THE COURT HEREBY ORDERS that: 2 1. 3 4 The Findings and Recommendations issued by the Magistrate Judge on June 20, 2011, are adopted in full; 2. 5 This action is dismissed for failure to state a claim upon which relief can be granted; 6 3. The Clerk is directed to close this case; and 7 4. This dismissal shall count as a strike under 28 U.S.C. § 1915(g). 8 9 IT IS SO ORDERED. 10 11 Dated: 0m8i78 July 22, 2011 CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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