(PC) Smith v. Largoza et al, No. 1:2012cv00503 - Document 11 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 ; ORDER DISMISSING Action, WITH PREJUDICE, for Failure to State a Claim Upon Which Relief May Be Granted Under Section 1983; ORDER That Dismissal is Subject to 28 U.S.C. § 1915(G); ORDER for Clerk to Close Case, signed by District Judge Lawrence J. O'Neill on 12/31/13: This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011). (CASE CLOSED)(Hellings, J)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JEANETTE SMITH, 11 12 13 14 1:12-cv-00503-LJO-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 10.) vs. ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 DR. LARGOZA, et al., Defendants. 15 16 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. ' 1915(G) 17 ORDER FOR CLERK TO CLOSE CASE 18 19 Jeanette Smith (Aplaintiff@) is a state prisoner proceeding pro se in this civil rights action 20 pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge 21 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On November 21, 2013, findings and recommendations were entered, recommending 23 that this action be dismissed based on plaintiff=s failure to state a claim upon which relief may 24 be granted under §1983. Plaintiff was provided an opportunity to file objections to the findings 25 and recommendations within thirty days. The thirty-day deadline has passed, and plaintiff has 26 not filed objections or otherwise responded to the findings and recommendations. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 1 1 the court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 November 21, 2013, are adopted in full; 2. 7 8 This action is dismissed, with prejudice, based on plaintiff=s failure to state a claim upon which relief may be granted under § 1983; 3. 9 10 The Findings and Recommendations issued by the Magistrate Judge on This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. ' 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and 4. The Clerk of Court is directed to close this case. 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill December 31, 2013 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2