Chavez v. Yates et al
Filing
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ORDER Adopting Findings and Recommendations, Dismissing Action with Prejudice for Failure to State a Claim Under Section 1983 or the ADA, and Directing Clerk of Court to Enter Judgment; ORDER Counting Dismissal as a Strike Under 28 USC 1915 (G), signed by Judge Oliver W. Wanger on 7/8/11. CASE CLOSED. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL CHAVEZ,
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Plaintiff,
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CASE NO. 1:09-cv-01080-OWW-SKO PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
ACTION WITH PREJUDICE FOR FAILURE
TO STATE A CLAIM UNDER SECTION 1983
OR THE ADA, AND DIRECTING CLERK OF
COURT TO ENTER JUDGMENT
v.
JAMES YATES, et al.,
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Defendants.
(Docs. 9 and 11)
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ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
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Plaintiff Michael Chavez, a state prisoner proceeding pro se and in forma pauperis, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with
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Disabilities Act (ADA)) on June 19, 2009. 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 April 1, 2011, the Magistrate Judge screened Plaintiff’s amended complaint and
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recommended dismissal of this action for failure to state a claim. 28 U.S.C. § 1915A. After
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receiving two extensions of time, Plaintiff filed his objection on July 5, 2011.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Court adopts the Findings and Recommendations filed on April 1, 2011, in full;
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This action is dismissed, with prejudice, for failure to state a claim under section
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1983 or the ADA;
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The Clerk of the Court shall enter judgment against Plaintiff; and
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This dismissal counts as a strike under 28 U.S.C. § 1915(g).
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IT IS SO ORDERED.
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Dated:
July 8, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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