Antonio P. Youmans v. Gardner et al
Filing
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ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS Recommending Dismissal of Action, With Prejudice, For Failure to State a Claim; ORDER Counting Dismissal as a Strike Under 28 U.S.C. § 1915(G), signed by District Judge Lawrence J. O'Neill on 6/29/2011. CASE CLOSED. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTONIO P. YOUMANS,
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CASE NO. 1:11-cv-00240-LJO-SMS PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSAL OF ACTION, WITH PREJUDICE,
FOR FAILURE TO STATE A CLAIM
v.
W. GARDNER, et al.,
(ECF No. 14)
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Defendants.
ORDER COUNTING DISMISSAL AS A
STRIKE UNDER 28 U.S.C. § 1915(G)
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Plaintiff Antonio P. Youmans (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On May 10, 2011, the Magistrate Judge issued findings and recommendations recommending
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that the action be dismissed for failure to state a claim. The parties were given thirty days within
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which to file objections, and none were filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a
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de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings
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and recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The findings and recommendations, filed May 10, 2011, is adopted in full;
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2.
This action, is dismissed, with prejudice, based on Plaintiff’s failure to state a claim
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upon which relief may be granted under section 1983;
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3.
This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and
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4.
The Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.
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Dated:
66h44d
June 29, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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