Roberson v. Zamora, et al

Filing 26

ORDER Adopting Findings and Recommendations and Dismissing Action With Prejudice for Failure to State a Claim 24 , 25 ; ORDER Directing the Clerk of Court to Close Case, signed by Chief Judge Anthony W. Ishii on 4/15/2011. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN ROBERSON,

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CASE NO. 1:08-cv-214-AWI-MJS (PC)
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
ACTION WITH PREJUDICE FOR FAILURE
TO STATE A CLAIM

v.

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S. ZAMORA, et al.,

(ECF Nos. 24 & 25)

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Defendants.

ORDER DIRECTING THE CLERK OF COURT
TO CLOSE THE CASE

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Plaintiff Kevin Roberson, a state prisoner proceeding pro se and in forma pauperis, has filed

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this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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

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On March 8, 2011, the Magistrate Judge filed a Findings and Recommendation herein which

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was served on Plaintiff and contained notice to Plaintiff that any objection to the Findings and

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Recommendation was to be filed by March 20, 2011. No date, Plaintiff has not filed any objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this court

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

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finds the Findings and Recommendations to be supported by the record and by proper analysis. On

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January 13, 2011, the Magistrate Judge found that the third amended complaint did not state a claim.

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The Magistrate Judge gave Plaintiff notice of the complaint's pleading deficiencies, and granted

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Plaintiff an opportunity to amend. See Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) (if court

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determines that complaint fails to state claim, leave to amend may be granted to extent that
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complaint's deficiencies can be cured); Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 1987)

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(prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing for

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failure to state a claim). Because Plaintiff never filed an amended complaint, this action is subject

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to dismissal for Plaintiff's failure to state a claim, as set forth in the court’s January 13, 2011 order,

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and subject to dismissal for Plaintiff’s failure to comply with the court’s January 13, 2011 order.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendation, filed March 8, 2011, is adopted in full;

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2.

The instant action is DISMISSED with prejudice for failure to state a claim and

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failure to comply with a court order;

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3.

The Clerk of the Court is DIRECTED to close the case; and

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4.

This case shall count as a strike for purposes of 28 U.S.C. § 1915(g).

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IT IS SO ORDERED.

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Dated:
0m8i78

April 15, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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