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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTONIO MALDONADO,

CASE NO.

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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,

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v.
BENOV, et al.,

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Defendants.

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1:10-CV-02346-AWI-MJS (PC)

(ECF NO. 12)
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Plaintiff Antonio Maldonado is a federal prisoner proceeding pro se and in forma

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18 pauperis in this civil rights action filed on December 16, 2010 pursuant to Bivens v. Six
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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

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U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern

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On March 28, 2012, Findings and Recommendations for Dismissal (Findings and

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Recommendations, ECF No. 12) were filed in which the Magistrate Judge screened

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Plaintiff’s Complaint and recommended dismissal of the action for failure to state a claim.

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28 U.S.C. §§ 1915-1915A. Plaintiff was notified that his Objection, if any, was due within

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fourteen (14) days. Plaintiff did not file an Objection to the Findings and Recommendations.

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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
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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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The Court adopts the Findings and Recommendations filed March 28,
2012, in full,

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This action is dismissed, with prejudice, for failure to state a claim,

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3.

The Clerk of the Court shall enter judgment against Plaintiff, and

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

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IT IS SO ORDERED.

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0m8i78
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May 1, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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