Carreia v. Yates et al

Filing 14

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS and Dismissing Action for Failure to State a Claim; Dismissal Counts as Strike Pursuant to 28 U.S.C. § 1915(G), signed by Chief Judge Anthony W. Ishii on 08/09/2011. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALFRED CARREIA,

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CASE NO. 1:10-CV-00692-AWI-DLB PC
Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION FOR FAILURE TO STATE A
CLAIM

v.
JAMES YATES, et al.,

(DOC. 12)
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Defendants.
/

DISMISSAL COUNTS AS STRIKE
PURSUANT TO 28 U.S.C. § 1915(G)

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Plaintiff Alfred Carreira (“Plaintiff”) is a California state prisoner proceeding pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his first amended complaint on

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February 17, 2011. Doc. 11. 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.

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On May 17, 2011, the Magistrate Judge filed a Findings and Recommendations which was

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served on Plaintiff and which contained notice to Plaintiff that any objection to the Findings and

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Recommendations was to be filed within twenty-one days. Doc. 12. Plaintiff filed an Objection to

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the Findings and Recommendations on June 7, 2011. Doc. 13.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this 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. As explained by the

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Magistrate Judge, to prevail on any § 1983 claim, a plaintiff must demonstrate that he suffered a

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specific injury as a result of specific conduct of a defendant and show an affirmative link between

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the injury and the conduct of that defendant. Rizzo v. Goode, 423 U.S. 362, 371-72 (1976). In other
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words, a particular defendant's liability under § 1983 only exists where a plaintiff makes a showing

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of personal participation by the defendant in the alleged violation. Taylor v. List, 880 F.2d 1040,

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1045 (9th Cir. 1989). The amended complaint and objections fail to specifically allege how each

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Defendant specifically violated Plaintiff’s constitutional rights.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed May 17, 2011, is adopted in full;

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2.

This action is dismissed for failure to state a claim upon which relief may be granted;

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

IT IS SO ORDERED.
Dated:
0m8i78

August 9, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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