Wilkerson v. Harrington et al

Filing 9

ORDER ADOPTING 8 FINDINGS AND RECOMMENDATIONS and DISMISSING Action For Failure to Obey a Court Order and 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 5/27/2011. CASE CLOSED (Strike). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SAUNDRO WILKERSON,

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CASE NO. 1:10-CV-00724-AWI-DLB PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION AND DISMISSING
ACTION FOR FAILURE TO OBEY A
COURT ORDER AND FAILURE TO STATE
A CLAIM (DOC. 8)

v.
K. HARRINGTON, et al.,
Defendants.

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

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Plaintiff Saundro Wilkerson (“Plaintiff”) is a California state prisoner proceeding pro se in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his

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complaint on April 26, 2010. 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 March 22, 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. Plaintiff did not file a timely Objection

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to the Findings and Recommendations.

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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.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations, filed March 22, 2011, is adopted in full;

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This action is dismissed for failure to obey a court order and failure to state a claim

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upon which relief may be granted; and
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This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).

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IT IS SO ORDERED.
Dated:
0m8i78

May 27, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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