(PC) Peralta vs Fresno County Police Officers, No. 1:2016cv01921 - Document 21 (E.D. Cal. 2017)
Court Description: ORDER adopting 20 FINDINGS AND RECOMMENDATIONS and dismissing action for failure to prosecute and failure to state a claim; ORDER that Dismissal is subject to 28 U.S.C. 1915(G) signed by Chief Judge Lawrence J. O'Neill on 10/4/2017. CASE CLOSED.(Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL PERALTA, 12 Plaintiff, 13 14 Case No. 1:16-cv-01921-LJO-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING ACTION FOR FAILURE TO PROSECUTE AND FAILURE TO STATE A CLAIM v. FRESNO COUNTY POLICE OFFICERS, et al., (ECF No. 20) 15 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G) Defendants. 16 17 18 On December 27, 2016, Plaintiff Michael Peralta, a state prisoner, appearing pro se and 19 in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. The action was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 21 Rule 302. 22 On August 21, 2017, the Magistrate Judge filed findings and recommendations (“F&Rs”) 23 that recommended the matter be dismissed for Plaintiff’s failure to prosecute and failure to state 24 a claim. The F&Rs were served on Plaintiff and contained notice that any objections to the 25 F&Rs were to be filed within thirty days from the date of service. The period for filing 26 objections has passed and no objections have been filed. 27 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 28 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 1 1 F&Rs to be supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The F&Rs, filed August 21, 2017, are ADOPTED IN FULL; 4 2. This action is DISMISSED for failure to prosecute and failure to state a claim; 5 3. This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011); and 6 7 4. The Clerk of the Court is DIRECTED to close this action. 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 4, 2017 UNITED STATES CHIEF 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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