Deadmon v. Wang et al

Filing 13

ORDER Adopting Findings and Recommendations to Dismiss Action with Prejudice for Failure to State a Claim, signed by District Judge Lawrence J. O'Neill on 3/18/15. Dismissal Counts as a Strike pursuant to 28 USC 1915(g). CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:14-cv-00316-LJO-MJS (PC)

RELAUN V. DEADMON,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS
ACTION WITH PREJUDICE FOR
FAILURE TO STATE A CLAIM

Plaintiff,
v.

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JEFFERY WANG, et al.,

(ECF No. 12)

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Defendants.

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

19 rights action filed on March 6, 2014 pursuant to 42 U.S.C. § 1983.
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On February 25, 2015, the Magistrate Judge issued findings and a
recommendation to dismiss the action with prejudice for failure to state a claim (ECF

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No. 12). Plaintiff filed no objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

25 conducted a de novo review of this case. Having carefully reviewed the entire file, the
26 Court finds the Findings and Recommendation to be supported by the record and by
27 proper analysis.
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Accordingly, it is HEREBY ORDERED that:

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1.

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The Court adopts the Findings and Recommendation filed on February 25,
2015 (ECF No. 12) in full,

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2.

The action is DISMISSED with prejudice for failure to state a claim and

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dismissal shall count as a strike pursuant to the “three strikes” provision

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set forth in 28 U.S.C. § 1915(g), and

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3.

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The Clerk of the Court shall terminate all pending motions and close the
case.

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Dated:

/s/ Lawrence J. O’Neill

March 18, 2015

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UNITED STATES DISTRICT JUDGE
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