Washington v. Ogletree et al

Filing 24

ORDER ADOPTING 22 Findings and Recommendations; 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 Anthony W. Ishii on 7/22/2014. CASE CLOSED (Strike). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANKIE WASHINGTON,

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1:12-cv-01473-AWI-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 22.)

vs.

ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983

D. OGLETREE, 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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Frankie Washington (Aplaintiff@) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. ' 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 8, 2014, findings and recommendations were entered, recommending that this

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action be dismissed based on plaintiff=s failure to state a claim upon which relief may be

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granted under §1983. (Doc. 22.) On June 24, 2014, Plaintiff filed objections to the findings

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and recommendations. (Doc. 23.)
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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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including plaintiff’s objections, the court finds the findings and recommendations to be

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supported by the record and proper analysis. The Court agrees with the Magistrate Judge that

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housing Plaintiff in a cell with inmates of a “different caliber” is insufficient without additional

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evidence of Defendant’s alleged deliberate indifference.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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2014, are adopted in full;
2.

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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 May 8,

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: July 22, 2014
SENIOR DISTRICT JUDGE

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