Fernandez v. Yates et al

Filing 12

ORDER RE: FINDINGS AND RECOMMENDATIONS 11 , signed by Chief Judge Anthony W. Ishii on 7/22/11: Findings and Recommendations are ADOPTED in FULL; The Clerk is DIRECTED to close this case; and This dismissal shall count as a STRIKE under 28 U.S.C. § 1915(g). (CASE CLOSED)(Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BIRMER FERNANDEZ,
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Plaintiff,
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v.
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JAMES YATES, et al.,
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Defendants.
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____________________________________)

No. 1:10 cv 1045 AWI GSA (PC)
ORDER RE: FINDINGS &
RECOMMENDATIONS
Document # 11

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was

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referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule

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302.

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On June 20, 2011, findings and recommendations were entered, recommending dismissal

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of this action for failure to state a claim upon which relief can be granted. Plaintiff was provided

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an opportunity to file objections within twenty days. Plaintiff has not filed objections to the

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findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, 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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The Findings and Recommendations issued by the Magistrate Judge on June 20,
2011, are adopted in full;

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

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3.

The Clerk is directed to close this case; and

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4.

This dismissal shall count as a strike under 28 U.S.C. § 1915(g).

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IT IS SO ORDERED.

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Dated:
0m8i78

July 22, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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