Johnson v. Harrington et al

Filing 12

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS IN FULL; ORDER DISMISSING ACTION With Prejudice for Failure to State a Claim; ORDER DIRECTING Clerk of Court to Enter Judgment; and ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. 1915(G), signed by District Judge Lawrence J. O'Neill on 3/10/2011. CASE CLOSED. (Jessen, A)

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(PC) Johnson v. Harrington et al Doc. 12 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 Plaintiff Shawn Pierre Johnson, a state prisoner proceeding pro se and in forma pauperis, 18 filed this civil rights action pursuant to 42 U.S.C. 1983, 1985(3), and 1986 on February 12, 2009. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) 20 and Local Rule 302. 21 On January 26, 2011, a Findings and Recommendations was filed in which the Magistrate 22 Judge screened Plaintiff's Second Amended Complaint and recommended dismissal of the action 23 for failure to state a claim. 28 U.S.C. 1915A. Plaintiff was notified that his Objection, if any, was 24 due within thirty days. Plaintiff did not file an Objection or otherwise respond to the Findings and 25 Recommendations. 26 /// 27 /// 28 1 UNITED STATES DISTRICT COURT SHAWN PIERRE JOHNSON, Plaintiff, v. K. HARRINGTON, et al., Defendants. CASE NO. 1:09-cv-00277-LJO-SMS PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT (Docs. 10 and 11) ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. 1915(G) / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In accordance with the provisions of 28 U.S.C. 636(b)(1)(C), the 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 Court adopts the Findings and Recommendations filed on January 26, 2011, in full; 2. 3. 4. This action is dismissed, with prejudice, for failure to state a claim; The Clerk of the Court shall enter judgment against Plaintiff; and This dismissal counts as a strike under 28 U.S.C. 1915(g). IT IS SO ORDERED. Dated: b9ed48 March 10, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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