Terrill v. Grannis et al

Filing 13

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATIONS, Dismissing Action for Failure to State a Claim Under Section 1983, and Directing Clerk of Court to Enter Judgment; ORDER that Dismissal is Subject to 28 U.S.C. § 1915(G) signed by District Judge Anthony W. Ishii on 02/11/2013. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOSEPH S. TERRILL,

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CASE NO. 1:11-cv-118 AWI SKO (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, DISMISSING
ACTION FOR FAILURE TO STATE A CLAIM
UNDER SECTION 1983, AND DIRECTING
CLERK OF COURT TO ENTER JUDGMENT

Defendants.

(Docs. 11 and 12)

v.
N. GRANNIS, et al.,

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

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Plaintiff Joseph S. Terrill, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on January 24, 2011. The matter was referred to a

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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On November 26, 2012, the Magistrate Judge screened Plaintiff’s amended complaint and

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issued a findings and recommendations recommending dismissal of the action for failure to state any

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claims. 28 U.S.C. § 1915A. The thirty-day deadline to file an objection has expired and Plaintiff

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did not object or otherwise respond to the findings and recommendations.1

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Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the case.

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Having carefully reviewed the entire file, the Court finds the findings and recommendations to be

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supported by the record and by proper analysis.

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On December 3, 2012, the United States Postal Service returned the findings and recommendations as
undeliverable. However, service at a party’s address of record is fully effective. Local Rule 182(f).

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Accordingly, it is HEREBY ORDERED that:

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1.

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The Court adopts the findings and recommendations filed on November 26, 2012,
in full;

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This action is dismissed for failure to state any claims under section 1983, without

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prejudice as to any due process credit loss claims barred by the favorable termination

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rule and with prejudice as to all other claims;

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3.

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

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4.

This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. §

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1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

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IT IS SO ORDERED.

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Dated:
0m8i78

February 11, 2013
SENIOR DISTRICT JUDGE

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