Mack v. Hubbard et al

Filing 12

ORDER Adopting 11 Findings and Recommendations; ORDER Dismissing Action for Failure to State a Claim; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER Directing Clerk to Close Case, signed by Chief Judge Anthony W. Ishii on 2/13/12. CASE CLOSED. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY E. MACK,

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Plaintiff,

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vs.
SUSAN HUBBARD, et al.,

1:09-cv-02078-AWI-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 11.)
ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM

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Defendants.

ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)

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ORDER DIRECTING CLERK TO CLOSE CASE

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_____________________________/

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Anthony E. Mack (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant

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to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302. After reviewing the original complaint, on

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November 2, 2011, the court found that the original complaint did not state a claim and gave

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Plaintiff notice of the complaint's pleading deficiencies and an opportunity to amend within thirty

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days.

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When no amended complaint was filed, on December 13, 2011, findings and

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recommendations were entered, recommending that this action be dismissed based on Plaintiff’s

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failure to state a claim upon which relief may be granted. Plaintiff was provided an opportunity to

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file objections to the findings and recommendations within thirty days. To date, Plaintiff has not

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filed objections or otherwise responded to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this

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

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Court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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2011, are ADOPTED in full;
2.

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This action is DISMISSED with prejudice, based on Plaintiff’s failure to state a claim
upon which relief may be granted;

3.

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The Findings and Recommendations issued by the Magistrate Judge on December 13,

This dismissal is subject to the “THREE-STRIKES” provision set forth in 28 U.S.C.
§ 1915(g); and

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The Clerk of Court is directed to CLOSE this case.

IT IS SO ORDERED.

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Dated:
0m8i78

February 13, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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