(PC) Crim v. Management & Training Corp. et al, No. 1:2012cv01340 - Document 29 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 25 FINDINGS AND RECOMMENDATIONS; ORDER Dismissing Action, with Prejudice, for Failure to State a Claim upon which Relief may be Granted; ORDER that Dismissal is Subject to 28 U.S.C. Section 1915(g) signed by District Judge Anthony W. Ishii on 11/25/2014. CASE CLOSED. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MICHAEL CRIM, 12 13 14 15 16 1:12-cv-01340-AWI-GSA-PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 25.) vs. MANAGEMENT & TRAINING CORP., et al., ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A Defendants. CLAIM UPON WHICH RELIEF MAY BE GRANTED 17 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. ' 1915(g) 18 ORDER FOR CLERK TO CLOSE CASE 19 20 John Michael Crim (Aplaintiff@) is a federal prisoner proceeding pro se in this civil 21 action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 22 636(b)(1)(B) and Local Rule 302. 23 On January 31, 2014, findings and recommendations were entered, recommending that 24 this action be dismissed based on plaintiff=s failure to state a claim upon which relief may be 25 granted. On February 5, 2014, Plaintiff filed objections to the findings and recommendations. 26 (Doc. 26.) 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 including plaintiff’s objections, the court finds the findings and recommendations to be 2 supported by the record and proper analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 31, 2014, 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; 3. 9 10 The Findings and Recommendations issued by the Magistrate Judge on January 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: November 25, 2014 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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