(PC) White v. Van Leer et al, No. 1:2011cv01835 - Document 9 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 8 Findings and Recommendations; ORDER DISMISSING Action for Failure to State a Claim Upon Which Relief May be Granted; ORDER That Dismissal is Subject to 28 U.S.C. 1915(g), signed by District Judge Lawrence J. O'Neill on 12/9/2013. CASE CLOSED (Strike). (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 7 8 Plaintiff, 9 10 11 12 Case No. 1:11 cv 01835 LJO GSA PC KEITH LEE WHITE, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 8) vs. D. VAN LEER, et al., Defendants. ORDER DISMISSING ACTION FOR FAILURE TO SATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED 13 14 15 16 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) 17 18 19 20 21 22 Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 23 U.S.C. § 636(b)(1). 24 25 On November 6, 2013, findings and recommendations were entered, recommending 26 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was 27 provided an opportunity to file objections within thirty days. To date, Plaintiff has not filed 28 1 1 objections or otherwise responded to the findings and recommendations. 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this 3 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 5 Court finds the findings and recommendations to be supported by the record and proper analysis. 6 Accordingly, THE COURT HEREBY ORDERS that: 7 1. The findings and recommendations issued by the Magistrate Judge on November 6, 8 2013, are adopted in full; 9 2. This action is dismissed with prejudice, based on Plaintiff’s failure to state a claim 10 11 upon which relief may be granted under section 1983; 3. This dismissal is subject to the “three strikes” provision set forth in 28 U.S.C. 12 13 §1915(g); and 14 4. The Clerk of Court is directed to close this case. 15 16 17 IT IS SO ORDERED. 18 19 20 Dated: December 9, 2013 /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE 21 22 DEAC_Sig nature-END: b9ed48bb 23 24 25 26 27 28 2

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