(PC) Lua v. Smith et al, No. 1:2014cv00019 - Document 22 (E.D. Cal. 2015)
Court Description: ORDER ADOPTING Findings and Recommendations to Dismiss Action with Prejudice for Failure to State a Claim; DISMISSAL COUNTS AS A (Strike)pursuant to 28:1915(g); Clerk to Terminate all Pending Motions and Close Case,signed by District Judge Lawrence J. O'Neill on 9/30/15. 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 HUGO LUA, CASE NO. 1:14-cv-00019-LJO-MJS (PC) 12 Plaintiff, 13 14 15 16 v. O. SMITH, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM (ECF No. 18) DISMISSAL COUNTS AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) 17 18 CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 19 20 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 21 rights action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 6.) The matter was referred 22 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 23 302 of the United States District Court for the Eastern District of California. 24 On April 7, 2015, the Magistrate Judge issued Findings and Recommendations to 25 dismiss the action with prejudice for failure to state a claim. (ECF No. 18.) Plaintiff filed 26 objections. (ECF No. 21.) 27 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has 1 2 3 4 5 conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis. Accordingly, it is HEREBY ORDERED that: 1. 6 7 (ECF No. 18.), in full; 2. 8 The action is DISMISSED with prejudice for failure to state a claim and dismissal shall count as a strike pursuant to the “three strikes” provision set 9 10 The Court adopts the findings and recommendations, filed April 7, 2015 forth in 28 U.S.C. § 1915(g); and 3. 11 The Clerk of the Court shall terminate all pending motions and close the case. 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 30, 2015 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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