Juan Valdez v. United States of America et al

Filing 10

ORDER ADOPTING 8 FINDINGS and RECOMMENDATIONS; ORDER DISMISSING CASE for Failure to State a Claim Upon which Relief May be Granted (Strike);ORDER that Dismissal is subject to 28:1915(g), signed by District Judge Lawrence J. O'Neill on 02/27/2015.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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Plaintiff,

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Case No. 1:14 cv 00334 LJO GSA PC

JUAN VALDEZ,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 6)

vs.

U.S. BUREUA OF PRISONS, 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. This proceeding was
referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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On January 28, 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. On February 26, 2015 Plaintiff

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filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
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:
1. The findings and recommendations issued by the Magistrate Judge on January 28,
2015, 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;
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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.
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Dated:

/s/ Lawrence J. O’Neill

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UNITED STATES DISTRICT JUDGE

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February 27, 2015

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