Vasquez v. Yu

Filing 28

ORDER Adopting Findings and Recommendations 27 ; ORDER Dismissing Action, with Prejudice, for Failure to State a Claim; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER Directing Clerk of Court to Close Case, signed by District Judge Lawrence J. O'Neill on 9/13/12. CASE CLOSED. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT VASQUEZ,

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Plaintiff,

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vs.
DR. YU, et al.,

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1:10-cv-02013-LJO-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 27.)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE
A CLAIM
(Doc. 19.)

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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)

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ORDER DIRECTING CLERK TO CLOSE CASE
Defendants.
_____________________________/
Vincent Vasquez (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. 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 August 1, 2012, findings and recommendations were entered, recommending that this

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action be dismissed based on Plaintiff’s failure to state a claim upon which relief may be granted

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under § 1983. Plaintiff was provided an opportunity to file objections to the findings and

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recommendations within thirty days. To date, Plaintiff has not filed objections or otherwise

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responded to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, 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 August 1,
2012, are adopted in full;

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2.

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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.

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This dismissal is subject to the “three-strikes” provision set forth in 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:
b9ed48

September 13, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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