Vera v. Gipson

Filing 35

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING CASE (Strike); Clerk to Terminate all pending motions and close case, signed by District Judge Anthony W. Ishii on 11/20/14. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GUILLERMO VERA,

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Plaintiff,

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v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATION DISMISSING
ACTION
(ECF NO. 34)

CONNIE GIPSON, Warden,
Defendant(s).

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DISMISSAL COUNTS AS STRIKE
PURSUANT TO 28 U.S.C. § 1915(g)
CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE

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Case No. 1:13-cv-00870-AWI-MJS (PC)

Plaintiff initiated this action by filing pro se a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. The Court directed the habeas proceeding be converted

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to a 42 U.S.C. § 1983 civil rights action and that Plaintiff proceed in forma pauperis. On

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October 27, 2014, the magistrate judge issued findings and recommendation that the action

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be dismissed with prejudice, that dismissal count as a strike pursuant to 28 U.S.C. §

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1915(g), and that the clerk of the court terminate any and all pending motions and close the

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case. (ECF No. 34, at 3:18-20.) Plaintiff did not object to the findings and recommendation

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and the time for doing so has expired.

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

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conducted a de novo review of this case. Having carefully reviewed the entire file, the court

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finds the findings and recommendation to be supported by the record and by proper
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analysis.

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Accordingly, it is HEREBY ORDERED that:

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1.

(ECF No. 34), in full,

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2.

The action is DISMISSED with prejudice and dismissal shall count as a strike
pursuant to the “three strikes” provision set forth in 28 U.S.C. § 1915(g), and

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The court adopts the findings and recommendation filed on October 27, 2014

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The clerk of the court shall terminate all pending motions and close the case.

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IT IS SO ORDERED.
Dated: November 20, 2014
SENIOR DISTRICT JUDGE

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