Sang v. Scribner et al

Filing 51

ORDER ADOPTING 50 FINDINGS AND RECOMMENDATIONS in Full and Dismissing Action for Failure to State a Claim; Dismissal Counts as (Strike) signed by Judge Oliver W. Wanger on 10/20/2010. CASE CLOSED.(Flores, E)

(PC) Sang v. Scribner et al

Doc. 51

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UNITED STATES DISTRICT COURT
6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 v. 11 A. K. SCRIBNER, et al., 12 Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Thon Ngot Sang ("Plaintiff") is a former state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. amended complaint, Pending before the Court is Plaintiff's second filed December 28, 2009. The matter was / DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G) (DOC. 50) THON NGOT SANG, Plaintiff, 1:07-CV-01759-OWW-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATION IN FULL AND DISMISSING ACTION FOR FAILURE TO STATE A CLAIM

referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 for screening pursuant to 28 U.S.C. § 1915A. On September 2, 2010, the Magistrate Judge filed a Findings and Recommendations herein which was served on the parties and which contained notice to the parties that any objection to the Findings and Recommendations was to be filed within thirty days. Neither party filed a timely Objection 1
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to

the

Findings

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Recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), 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 by proper analysis. Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed September 2, 2010, is adopted in full; 2. This action is DISMISSED with prejudice for failure to state a claim upon which relief may be granted; and 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g). IT IS SO ORDERED. Dated: October 20, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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