Thompson v. DePond

Filing 14

ORDER Adopting 12 Findings and Recommendations Regarding Dismissal of Action for Failure to State a Claim, signed by District Judge Anthony W. Ishii on 05/09/14. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEWAYNE THOMPSON,

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Plaintiff,

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v.

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J. DEPOND,

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Defendant.

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1:13-cv-00527-AWI-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF ACTION FOR FAILURE
TO STATE A CLAIM
(ECF Nos. 1, 12)

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Plaintiff DeWayne Thompson (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On April 24, 2014, the Magistrate Judge issued Findings and Recommendations that this

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action be dismissed based on Plaintiff’s failure to state a cognizable section 1983 claim and

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denied him leave to amend. The Findings and Recommendations were served on Plaintiff and

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contained notice that any objections were to be filed within fifteen days. (ECF No. 12.) Plaintiff

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filed objections on May 5, 2014. (ECF No. 13.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

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a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s

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objections, the Court finds the Findings and Recommendations to be supported by the record and

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by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, issued on April 24, 2014, are adopted in

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This action is DISMISSED based on Plaintiff’s failure to state a cognizable

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full;

section 1983 claim; and
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The dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. §

1915(g).

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IT IS SO ORDERED.

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Dated: May 9, 2014

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SENIOR DISTRICT JUDGE

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