Lewis v. Wang, et al.

Filing 14

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 7/9/14. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY LEWIS,

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1:12-cv-01867-LJO-GSA-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 10.)

vs.

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JEFFERY WANG, et al.,

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Defendants.

ORDER DISMISSING ACTION, WITH
PREJUDICE, 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 FOR CLERK TO CLOSE CASE

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Jerry Lewis (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 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. 10.) On July 7, 2014, Plaintiff filed objections to the findings and

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recommendations. (Doc. 13.)

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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.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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2014, 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 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:

/s/ Lawrence J. O’Neill

July 9, 2014

UNITED STATES DISTRICT JUDGE

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