Lua v. Smith et al
Filing
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ORDER ADOPTING Findings and Recommendations to Dismiss Action with Prejudice for Failure to State a Claim; DISMISSAL COUNTS AS A (Strike)pursuant to 28:1915(g); Clerk to Terminate all Pending Motions and Close Case,signed by District Judge Lawrence J. O'Neill on 9/30/15. 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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HUGO LUA,
CASE NO. 1:14-cv-00019-LJO-MJS (PC)
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Plaintiff,
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v.
O. SMITH, et al.,
Defendants.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION WITH PREJUDICE FOR
FAILURE TO STATE A CLAIM
(ECF No. 18)
DISMISSAL COUNTS AS A STRIKE
PURSUANT TO 28 U.S.C. § 1915(g)
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CLERK TO TERMINATE ALL PENDING
MOTIONS AND CLOSE CASE
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 6.) The matter was referred
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to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule
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302 of the United States District Court for the Eastern District of California.
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On April 7, 2015, the Magistrate Judge issued Findings and Recommendations to
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dismiss the action with prejudice for failure to state a claim. (ECF No. 18.) Plaintiff filed
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objections. (ECF No. 21.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has
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conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the findings and recommendations to be supported by the record and by
proper analysis.
Accordingly, it is HEREBY ORDERED that:
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(ECF No. 18.), in full;
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The action is DISMISSED with prejudice for failure to state a claim and
dismissal shall count as a strike pursuant to the “three strikes” provision set
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The Court adopts the findings and recommendations, filed April 7, 2015
forth in 28 U.S.C. § 1915(g); and
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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:
/s/ Lawrence J. O’Neill
September 30, 2015
UNITED STATES DISTRICT JUDGE
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