(PC) Hernandez v. Lopez et al, No. 1:2015cv00180 - Document 17 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute; ORDERED that this Dismissal shall count as a Strike pursuant to 28:1915(g), signed by District Judge Anthony W. Ishii on 9/30/2015. (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 HENRY HERNANDEZ, 12 Plaintiff, 13 v. 14 N. LOPEZ, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00180-AWI-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF ACTION FOR FAILURE TO STATE A CLAIM, FAILURE TO OBEY A COURT ORDER, AND FAILURE TO PROSECUTE (ECF No. 16) 17 Plaintiff Henry Hernandez (“Plaintiff”), a former state prisoner proceeding pro se and in forma 18 19 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, initiated this action on January 8, 20 2015. On August 31, 2015, the Magistrate Judge issued Findings and Recommendations 21 recommending that this case be dismissed for failure to state a claim, failure to obey a court order, and 22 failure to prosecute. (ECF No. 16.) The Findings and Recommendations were served on Plaintiff with 23 instructions that any objections must be filed within fourteen days of service. The deadline for filing 24 those objections has passed, and no objections were filed. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de 25 26 novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings 27 and Recommendations are supported by the record and proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations dated August 31, 2015 (ECF No. 16), are 3 4 5 ADOPTED IN FULL; 2. This action is dismissed for failure to state a claim upon which relief may be granted, failure to obey a court order, and failure to prosecute; 6 3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and, 7 4. The Clerk of the Court is directed to close this case. 8 9 10 11 IT IS SO ORDERED. Dated: September 30, 2015 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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