Moore v. Unknown

Filing 16

ORDER(Strike)ADOPTING 15 FINDINGS AND RECOMMENDATIONS with prejudice for failure to comply with the Court's order and failure to state claim; Dismissal counts as a Strike, signed by District Judge Lawrence J. O'Neill on 12/5/12. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MALCOLM J. MOORE,

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1:11-cv-01918-LJO-MJS (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATION FOR DISMISSAL OF
ACTION WITH PREJUDICE FOR FAILURE
TO COMPLY WITH COURT ORDER AND
FAILURE TO STATE A CLAIM SUBJECT
TO 28 U.S.C. § 1915(g)

Defendants.

(ECF No. 15)

v.

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CASE No.

UNKNOWN, et al.,

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/ CLERK TO CLOSE CASE

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Plaintiff Malcolm J. Moore is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 8.) Plaintiff

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declined to extend Magistrate Judge jurisdiction to all matters and for all purposes in this

23 case. (ECF No. 10.) The matter was referred to a United States Magistrate Judge pursuant
24 to 28 U.S.C. 636(b)(1)(B) and Local Rule 302 of the United States District Court for the
25 Eastern District of California.
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On October 23, 2012, Findings and Recommendation for Dismissal of Action with

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Prejudice for Failure to Comply with Court Order and Failure to State a Claim (F&R re

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Dismiss., ECF No. 15) were filed in which the Magistrate Judge recommended that this

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matter be DISMISSED WITH PREJUDICE by the District Judge and that dismissal count
as a strike under 28 U.S.C. § 1915(g) and that the Clerk thereupon terminate all pending

7 motions, close the file and enter judgment in this case. The parties were notified that
8 objection, if any, was due within fourteen days. No party filed an objection to the Findings
9 and Recommendation.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the Findings and Recommendation to be supported by the record and by

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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 Recommendation filed October 23,
2012, in full,

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2.

This action is dismissed with prejudice for failure to comply with the Court’s

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order and failure to state a claim,

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3.

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The Clerk of the Court shall terminate all pending motions, close the file
and enter judgment in this case, 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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Dated:

December 5, 2012

/s/ Lawrence J. O'Neill
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1 b9ed48

UNITED STATES DISTRICT JUDGE

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