Correa v. Gibson et al

Filing 17

ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING Action for Failure to State a Cognizable Claim for Relief, and Entering Judgment Against Plaintiff 14 , signed by District Judge Anthony W. Ishii on 1/16/15: This dismissal is subject to the "three-strikes" provision. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY LALO CORREA, Plaintiff, 12 13 14 15 Case No. 1:13-cv-00598-AWI-SAB PC ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING ACTION FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF, AND ENTERING JUDGMENT AGAINST PLAINTIFF v. CONNIE GIPSON, et al., Defendants. (ECF No. 14) 16 17 Plaintiff Henry Lalo Correa is a state prisoner appearing pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. 19 On March 7, 2014, the Magistrate Judge screened Plaintiff’s first amended complaint and 20 issued a Findings and Recommendation to dismiss the action, with prejudice, for failure to state a 21 cognizable claim for relief. The Findings and Recommendation were served on Plaintiff and 22 contained notice that objections were to be filed within thirty (30) days. Plaintiff filed objections 23 on March 28, 2014. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 26 Findings and Recommendation to be supported by the record and by proper analysis. In 27 particular, the court finds that the Magistrate Judge’s Findings and Recommendations correctly 28 state that, in the context of what Plaintiff admits was an effort by correctional officers to break 1 1 up an inmate brawl, Plaintiff has not and cannot allege that the Defendants’ actions that injured 2 Plaintiff were taken “maliciously and sadistically to cause harm.” Wilkins v. Gaddy, 130 S.Ct. 3 1175, 1178 (2010). Plaintiff has therefore failed to state a claim upon which relief can be 4 granted. 5 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Findings and Recommendation, filed March 7, 2014, is adopted in full; 8 2. This action is dismissed with prejudice for failure to state a cognizable claim; 9 3. The Clerk of Court shall enter judgment against Plaintiff; and 10 4. This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. § 11 1915(g). Silva v. Di Vittorio, 658 F.3d 1090, 1098-1099 (9th Cir. 2011). 12 13 IT IS SO ORDERED. 14 Dated: January 16, 2015 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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