Sims v. Ulit et al

Filing 12

ORDER Adopting 11 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 6/9/12. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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STANLEY SIMS,

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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1:11-CV-00140-AWI-MJS (PC)

v.

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W. ULIT,
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(ECF NO. 11)
Defendants.
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On January 26, 2011, Plaintiff Stanley Sims, a former state prisoner proceeding

20 pro se and in forma pauperis filed this civil rights action pursuant to 42 U.S.C. § 1983.
21 (Compl., ECF No. 1.) The matter was referred to a United States Magistrate Judge pursuant
22 to 28 U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District Court for the
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Eastern District of California.

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On April 26, 2012, Findings and Recommendations for Dismissal (Findings and
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Recommendations, ECF No. 11) were filed in which the Magistrate Judge recommended

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1 dismissal of the action for failure to state a claim and failure to comply with the Court’s
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orders and rules. Plaintiff was notified that his Objection, if any, was due within 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
conducted a de novo review of this case. Having carefully reviewed the entire file, the

7 Court finds the Findings and Recommendations to be supported by the record and by
8 proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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The Court adopts the Findings and Recommendations filed April 26, 2012,

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in full,

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2.

This action is dismissed with prejudice for failure to state a claim and
failure to comply with the Court’s orders and rules,

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3.

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

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4.

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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June 9, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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