(PC) Nailing v. Cota et al, No. 1:2018cv00565 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER Adopting 11 Findings and Recommendations; ORDER Dismissing Action; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER for Clerk to Close Case, signed by Chief Judge Lawrence J. O'Neill on 10/9/18. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 XAVIER DMETRI NAILING, 11 12 13 Plaintiff, v. J. COTA, et al., 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NOS. 1 & 11) ORDER DISMISSING ACTION Defendants. 15 Case No. 1:18-cv-00565-LJO-EPG (PC) ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(g) ORDER FOR CLERK TO CLOSE CASE 16 17 18 Xavier Dmetri Nailing (“Plaintiff”) is a former state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter 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 31, 2018, Magistrate Judge Erica P. Grosjean entered findings and 23 recommendations, recommending that this action be dismissed for failure to state a claim. 24 (ECF No. 11, p. 7). Plaintiff was provided an opportunity to file objections to the findings and 25 recommendations. 26 objections or otherwise responded to the findings and recommendations. The deadline to file objections has passed, and Plaintiff has not filed 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, 1 1 the Court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly, THE COURT HEREBY ORDERS that: 4 1. 5 6 Grosjean on August 31, 2018, are ADOPTED IN FULL; 2. 7 8 This action is DISMISSED, with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted; 3. 9 10 The findings and recommendations issued by Magistrate Judge Erica P. 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. 11 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 9, 2018 UNITED STATES CHIEF DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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