Doss v. Gallardo

Filing 11

ORDER Adopting Findings and Recommendation 7 ; ORDER Dismissing Case For Failure to State A Claim; ORDER For the Dismissal to Count As a Strike Pursuant to 28 U.S.C. 1915(g); ORDER Directing Clerk to Close Case, signed by Chief Judge Anthony W. Ishii on 4/13/2011. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDDIE LEE DOSS, SR.,

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Plaintiff,

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vs.

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C/O GALLARDO,

1:09-cv-02217-AWI-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATION
(Doc. 7,)
ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM

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Defendant.

ORDER FOR THIS DISMISSAL TO
COUNT AS A STRIKE PURSUANT 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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Freddie Lee Doss, Sr. (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. 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 December 16, 2010, Findings and a Recommendation were entered,

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recommending that this action be dismissed based on Plaintiff’s failure to state a claim upon which

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relief may be granted under § 1983. (Doc. 7.) On March 4, 2011, Plaintiff filed objections to the

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Findings and Recommendation. (Doc. 10.)

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304,
this Court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including Plaintiff's objections, the Court finds the Findings and Recommendation to be supported

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by the record and proper analysis. To the extent Plaintiff attempts to raise any state law claims, such

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as defamation, the court declines to exercise supplemental jurisdiction. See 28 U.S.C. § 1367(c)(3)

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(court may decline to exercise supplemental jurisdiction over state claims when federal claims are

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dismissed before trial).

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Accordingly, THE COURT HEREBY ORDERS that:

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The Findings and Recommendation issued by the Magistrate Judge on
December 16, 2010, are adopted in full;

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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 under § 1983;

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3.

This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and

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4.

The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

April 13, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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