(PC) Vera v. Gipson, No. 1:2013cv00870 - Document 35 (E.D. Cal. 2014)

Court Description: ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING CASE (Strike); Clerk to Terminate all pending motions and close case, signed by District Judge Anthony W. Ishii on 11/20/14. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO VERA, 12 Plaintiff, 13 14 15 v. ORDER ADOPTING FINDINGS AND RECOMMENDATION DISMISSING ACTION (ECF NO. 34) CONNIE GIPSON, Warden, Defendant(s). 16 DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(g) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 17 18 Case No. 1:13-cv-00870-AWI-MJS (PC) Plaintiff initiated this action by filing pro se a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. The Court directed the habeas proceeding be converted 20 to a 42 U.S.C. § 1983 civil rights action and that Plaintiff proceed in forma pauperis. On 21 October 27, 2014, the magistrate judge issued findings and recommendation that the action 22 be dismissed with prejudice, that dismissal count as a strike pursuant to 28 U.S.C. § 23 1915(g), and that the clerk of the court terminate any and all pending motions and close the 24 case. (ECF No. 34, at 3:18-20.) Plaintiff did not object to the findings and recommendation 25 and the time for doing so has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has 27 conducted a de novo review of this case. Having carefully reviewed the entire file, the court 28 finds the findings and recommendation to be supported by the record and by proper 1 1 analysis. 2 Accordingly, it is HEREBY ORDERED that: 3 1. (ECF No. 34), in full, 4 5 2. The action is DISMISSED with prejudice and dismissal shall count as a strike pursuant to the “three strikes” provision set forth in 28 U.S.C. § 1915(g), and 6 7 The court adopts the findings and recommendation filed on October 27, 2014 3. The clerk of the court shall terminate all pending motions and close the case. 8 9 10 IT IS SO ORDERED. Dated: November 20, 2014 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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