Roberson v. Zamora, et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:08-cv-214-AWI-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DISMISSING
ACTION WITH PREJUDICE FOR FAILURE
TO STATE A CLAIM
S. ZAMORA, et al.,
(ECF Nos. 24 & 25)
ORDER DIRECTING THE CLERK OF COURT
TO CLOSE THE CASE
Plaintiff Kevin Roberson, a state prisoner proceeding pro se and in forma pauperis, has filed
this civil rights action seeking relief under 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 302.
On March 8, 2011, the Magistrate Judge filed a Findings and Recommendation herein which
was served on Plaintiff and contained notice to Plaintiff that any objection to the Findings and
Recommendation was to be filed by March 20, 2011. No date, Plaintiff has not filed any objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, 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. On
January 13, 2011, the Magistrate Judge found that the third amended complaint did not state a claim.
The Magistrate Judge gave Plaintiff notice of the complaint's pleading deficiencies, and granted
Plaintiff an opportunity to amend. See Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000) (if court
determines that complaint fails to state claim, leave to amend may be granted to extent that
complaint's deficiencies can be cured); Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 1987)
(prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing for
failure to state a claim). Because Plaintiff never filed an amended complaint, this action is subject
to dismissal for Plaintiff's failure to state a claim, as set forth in the court’s January 13, 2011 order,
and subject to dismissal for Plaintiff’s failure to comply with the court’s January 13, 2011 order.
Accordingly, IT IS HEREBY ORDERED that:
The Findings and Recommendation, filed March 8, 2011, is adopted in full;
The instant action is DISMISSED with prejudice for failure to state a claim and
failure to comply with a court order;
The Clerk of the Court is DIRECTED to close the case; and
This case shall count as a strike for purposes of 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
April 15, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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