(PC)Lipsey v. Guzman, No. 1:2017cv00896 - Document 20 (E.D. Cal. 2018)

Court Description: ORDER Adopting 15 Findings and Recommendations; ORDER Dismissing Action; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER for Clerk to Close Case, signed by District Judge Anthony W. Ishii on 7/3/18. CASE CLOSED. (Gonzalez, R)
Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTOPHER LIPSEY, JR., 11 12 13 14 15 16 Plaintiff, v. M. GUZMAN, et al., Defendants. Case No. 1:17-cv-00896-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 12 & 15) ORDER DISMISSING ACTION ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) ORDER FOR CLERK TO CLOSE CASE 17 18 Christopher Lipsey, Jr. (“Plaintiff”), is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred 20 to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On March 30, 2018, Magistrate Judge Erica P. Grosjean entered findings and 22 recommendations, recommending that this action be dismissed, with Plaintiff’s state law claim 23 being dismissed without prejudice. (ECF No. 15). 24 Plaintiff was provided an opportunity to file objections to the findings and 25 recommendations. Plaintiff filed his objections on May 11, 2018. (ECF No. 16). Plaintiff filed 26 supplemental objections on May 18, 2018. (ECF No. 19). 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, the 1 1 Court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly, THE COURT HEREBY ORDERS that: 3 1. 4 5 on March 30, 2018, are ADOPTED IN FULL; 2. 6 7 Plaintiff’s federal claims are dismissed with prejudice and his state law claim is dismissed without prejudice; 3. 8 9 The findings and recommendations issued by Magistrate Judge Erica P. Grosjean This dismissal is subject to the “three-strikes” provision set forth in § 1915(g). Coleman v. Tollefson, 135 S. Ct. 1759, 1763 (2015); and 4. The Clerk of Court is directed to CLOSE this case. 10 11 12 IT IS SO ORDERED. Dated: July 3, 2018 SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2