Lanear v. Cate et al

Filing 12

ORDER ADOPTING 11 Findings and Recommendations; ORDER DISMISSING Action for Failure to State a Claim Upon Which Relief May be Granted Under Section 1983; ORDER That Dismissal is Subject to 28 U.S.C. 1915(g); ORDER DIRECTING Clerk to Close Case, signed by District Judge Lawrence J. O'Neill on 9/4/2012. CASE CLOSED (Strike). (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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FRANK LANEAR,

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Plaintiff,
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v.
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MATTHEW CATE, ET AL.,
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Defendants.
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____________________________________)

NO. 1:11 cv 02086 LJO GSA PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 20 )
ORDER DISMISSING ACTION FOR
FAILURE TO STATE A CLAIM
UPON WHICH RELIEF MAY BE
GRANTED UNDER SECTION 1983

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

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ORDER DIRECTING CLERK TO
CLOSE CASE

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. The matter was

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

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302.

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On August 8, 2012, findings and recommendations were entered, recommending

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dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was

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provided an opportunity to file objections within twenty days. To date, Plaintiff has not filed

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objections or otherwise responded to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The Findings and Recommendations issued by the Magistrate Judge on August 8,

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2012, are adopted in full;

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2. This action is dismissed with prejudice, based on Plaintiff’s failure to state a claim
upon which relief may be granted under section 1983;

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3. This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. §
1915(g); and

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4. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:
b9ed48

September 4, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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