Smith v. Ayris

Filing 14

ORDER ADOPTING 13 FINDINGS AND RECOMMENDATIONS and Dismissing Action without Prejudice; Dismissal Counts as Strike Pursuant to 28 U.S.C. § 1915(G), signed by Chief Judge Anthony W. Ishii on 11/13/2010. CASE CLOSED.(Flores, E)

(PC) Smith v. Ayris

Doc. 14

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Stevie Smith ("plaintiff") is a California state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint in on January 19, 2010. 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 October 12, 2010, the Magistrate Judge filed a Findings and Recommendations herein which was served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and Recommendations was to be filed within twenty-one days. Plaintiff did not file a timely Objection to the Findings and Recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1), 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. 1
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UNITED STATES DISTRICT COURT

STEVIE SMITH, Plaintiff, v. ROBERT L. AYRIS, JR., et al., Defendants. /

CASE NO. 1:10-CV-00428-AWI-DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING ACTION WITHOUT PREJUDICE (DOC. 13) DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G)

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Accordingly, IT IS HEREBY ORDERED that: 1. 2. The Findings and Recommendations, filed October 12, 2010, is adopted in full; This action is dismissed without prejudice for violation of the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994); and 3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).

IT IS SO ORDERED. Dated: 0m8i78 November 13, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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