Austin Willis v. James Yates et al

Filing 24

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS DISMISSING the Action With Prejudice for Failure to State a Claim re 14 ; STRIKE Per 28 U.S.C. 1915(g) signed by Judge Oliver W. Wanger on 5/10/2010. CASE CLOSED. (Bradley, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Austin Willis is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On October 23, 2009, the Magistrate Judge screened Plaintiff's Second Amended 19 Complaint and issued Findings and Recommendations recommending dismissal of this action with 20 prejudice for failure to state a claim. After requesting and receiving extensions, Plaintiff submitted 21 timely objections which were filed on May 3, 2010. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 24 and Recommendations to be supported by the record and by proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 2. 28 1 This action is dismissed with prejudice for Plaintiff's failure to state a claim; The Findings and Recommendations, filed October 23, 2009, is adopted in full; v. JAMES YATES, et al., (Docs. 14 and 15) Defendants. STRIKE PER 28 U.S.C. § 1915(g) / AUSTIN WILLIS, Plaintiff, CASE NO. 1:08-cv-00125-OWW-SMS PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING THE ACTION WITH PREJUDICE FOR PLAINTIFF'S FAILURE TO STATE A CLAIM

UNITED STATES DISTRICT COURT

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Dismissal of this action counts as a strike pursuant to 28 U.S.C. § 1915(g).

IT IS SO ORDERED. Dated: May 10, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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