(PC) Valencia v. Gibson, et al., No. 1:2012cv01036 - Document 15 (E.D. Cal. 2012)
Court Description: ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS; ORDER Dismissing Action 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 Directing Clerk to Close Case signed by District Judge Lawrence J. O'Neill on 10/26/2012. (Flores, E)
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(PC) Valencia v. Gibson, et al. Doc. 15 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 ABEL VALENCIA, ) ) Plaintiff, ) ) v. ) ) C. GIBSON, ET AL., ) ) Defendants. ) ____________________________________) NO. 1:12 cv 01036 LJO GSA PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 11 ) ORDER DISMISSING ACTION FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 15 16 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) 17 ORDER DIRECTING CLERK TO CLOSE CASE 18 19 20 Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was 21 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 22 302. 23 On September 21, 2012, findings and recommendations were entered, recommending 24 dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was 25 provided an opportunity to file objections within thirty days. On October 9, 2012, Plaintiff filed 26 objections to the findings and recommendations. 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Dockets.Justia.com 1 court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly, THE COURT HEREBY ORDERS that: 3 1. The Findings and Recommendations issued by the Magistrate Judge on September 21, 4 2012, are adopted in full; 5 6 2. This action is dismissed with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under section 1983; 7 8 3. This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g); and 9 4. The Clerk of Court is directed to close this case. 10 IT IS SO ORDERED. 11 Dated: b9ed48 October 26, 2012 /s/ Lawrence J. O'Neill 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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