Maldonado v. Benov et al

Filing 13

ORDER Adopting 12 Findings and Recommendations Dismissing Action With Prejudice for Failure to State A Claim and Directing Clerk of Court to Enter Judgment Counting Dismissal as a Strike Under 28 USC 1915(g), signed by Chief Judge Anthony W. Ishii on 5/1/12. CASE CLOSED. (Gonzalez, R)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ANTONIO MALDONADO, CASE NO. 9 10 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. § 1915(g) Plaintiff, 11 v. BENOV, et al., 13 14 Defendants. 15 1:10-CV-02346-AWI-MJS (PC) (ECF NO. 12) / 16 Plaintiff Antonio Maldonado is a federal prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action filed on December 16, 2010 pursuant to Bivens v. Six 19 20 Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). (Compl., ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 21 22 U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern 23 District of California. 24 ///// 25 26 27 -1- 1 On March 28, 2012, Findings and Recommendations for Dismissal (Findings and 2 Recommendations, ECF No. 12) were filed in which the Magistrate Judge screened 3 Plaintiff’s Complaint and recommended dismissal of the action for failure to state a claim. 4 5 28 U.S.C. §§ 1915-1915A. Plaintiff was notified that his Objection, if any, was due within 6 fourteen (14) days. Plaintiff did not file an Objection to the Findings and Recommendations. 7 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has 8 conducted a de novo review of this case. Having carefully reviewed the entire file, the 9 Court finds the Findings and Recommendations to be supported by the record and by 10 proper analysis. 11 12 13 Accordingly, IT IS HEREBY ORDERED that: 1. The Court adopts the Findings and Recommendations filed March 28, 2012, in full, 14 15 2. This action is dismissed, with prejudice, for failure to state a claim, 16 3. The Clerk of the Court shall enter judgment against Plaintiff, and 4. This dismissal counts as a strike under 28 U.S.C. § 1915(g). 17 18 IT IS SO ORDERED. 19 20 Dated: 0m8i78 21 May 1, 2012 CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?