Taitano v. Bond et al

Filing 15

ORDER ADOPTING 14 Findings and Recommendations; ORDER DISMISSING ACTION (Strike), With Prejudice, for Failure to State a Claim; ORDER for This Dismissal to Count as a Strike Pursuant to 28 U.S.C. 1915(g); ORDER DIRECTING Clerk to Close Case signed by Judge Oliver W. Wanger on 3/30/2010. CASE CLOSED. (Bradley, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________/ George T. Taitano ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 72-302. On February 5, 2010, findings and recommendations were entered, recommending that this action be dismissed based on plaintiff's failure to state a claim upon which relief may be granted under section 1983. Plaintiff was provided an opportunity to file objections to the findings and recommendations within thirty days. To date, plaintiff has not filed objections or otherwise responded to the findings and recommendations. 1 Defendants. vs. BOND, et al., GEORGE T. TAITANO, Plaintiff, 1:07-cv-00977-OWW-SMS-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 14.) ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM ORDER FOR THIS DISMISSAL TO COUNT AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) ORDER DIRECTING CLERK TO CLOSE CASE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 73305, this court has 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 proper analysis. Accordingly, THE COURT HEREBY ORDERS that: 1. The Findings and Recommendations issued by the Magistrate Judge on February 5, 2010, are adopted in full; 2. This action is dismissed, with prejudice, based on plaintiff's failure to state a claim upon which relief may be granted under section 1983; 3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and 4. The Clerk of Court is directed to close this case. IT IS SO ORDERED. Dated: March 30, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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