Ramazzini v. Evans et al

Filing 15

ORDER Adopting Findings and Recommendations 14 ; ORDER Dismissing Action for Failure to State a Claim Upon Which Relief May be Granted; ORDER that Dismissal is Subject to 28 USC 1915(g), signed by District Judge Lawrence J. O'Neill on 2/9/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:13 cv 00733 LJO GSA PC

NATHAN RAMAZZINI,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No.14)

vs.

C/O EVANS, et al.,
Defendants.

ORDER DISMISSING ACTION FOR
FAILURE TO SATE A CLAIM UPON
WHICH RELIEF MAY BE GRANTED

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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)

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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42
U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).
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On January 6, 2015, findings and recommendations were entered, recommending

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dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was

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provided an opportunity to file objections within thirty days. To date, Plaintiff has not filed

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objections or otherwise responded to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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Court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1. The findings and recommendations issued by the Magistrate Judge on January 6, 2015,

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are adopted in full;
2. This action is dismissed with prejudice, based on Plaintiff’s failure to state a claim

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upon which relief may be granted under section 1983;
3. This dismissal is subject to the “three strikes” provision set forth in 28 U.S.C.
§1915(g); and
4. The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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February 9, 2015

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