Williams v. California Department of Corrections et al

Filing 24

ORDER ADOPTING in FULL the FINDINGS AND RECOMMENDATIONS 23 ; 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, signed by District Judge Lawrence J. O'Neill on 7/7/11. (CASE CLOSED)(Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLIFFORD J. WILLIAMS,

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Plaintiff,
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

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1:07-cv-01855-LJO-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 23.)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM

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ORDER FOR THIS DISMISSAL TO
COUNT AS A STRIKE PURSUANT TO
28 U.S.C. § 1915(g)

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ORDER DIRECTING CLERK TO CLOSE CASE

Defendants.

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_____________________________/
Clifford J. Williams (“plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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On May 23, 2011, findings and recommendations were entered, recommending that

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this action be dismissed based on plaintiff’s failure to state a claim upon which relief may be

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granted. Plaintiff was provided an opportunity to file objections to the findings and

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recommendations within thirty days. To date, plaintiff has not filed objections or otherwise

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responded to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304,

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this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The Findings and Recommendations issued by the Magistrate Judge on May 23,

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2011, are adopted in full;

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2. This action is dismissed with prejudice, based on plaintiff’s failure to state a claim;

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3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and

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4. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:
b9ed48

July 7, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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