Smith v. Largoza et al
Filing
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ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 ; ORDER DISMISSING Action, WITH PREJUDICE, 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 for Clerk to Close Case, signed by District Judge Lawrence J. O'Neill on 12/31/13: This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011). (CASE CLOSED)(Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEANETTE SMITH,
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1:12-cv-00503-LJO-GSA-PC
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 10.)
vs.
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
DR. LARGOZA, et al.,
Defendants.
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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. ' 1915(G)
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ORDER FOR CLERK TO CLOSE CASE
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Jeanette Smith (Aplaintiff@) is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On November 21, 2013, findings and recommendations were entered, recommending
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that this action be dismissed based on plaintiff=s failure to state a claim upon which relief may
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be granted under §1983. Plaintiff was provided an opportunity to file objections to the findings
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and recommendations within thirty days. The thirty-day deadline has passed, and plaintiff has
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not filed 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 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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the court finds the findings and recommendations to be supported by the record and proper
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analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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1.
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November 21, 2013, are adopted in full;
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This action is dismissed, with prejudice, based on plaintiff=s failure to state a
claim upon which relief may be granted under § 1983;
3.
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The Findings and Recommendations issued by the Magistrate Judge on
This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and
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The Clerk of Court is directed to close this case.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
December 31, 2013
UNITED STATES DISTRICT JUDGE
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