Perez v. Junious

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATION of Dismissal Without Leave to Amend and to Count as a Strike Per 28 U.S.C. § 1915(g) for Failure to State a Claim 18 , 19 ; ORDER DIRECTING Case Closure, signed by District Judge Anthony W. Ishii on 7/2/15. (CASE CLOSED)(Hellings, J)

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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-00458-AWI-JLT (PC)
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RAYMOND PEREZ,

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Plaintiff,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATION OF DISMISSAL WITHOUT
LEAVE TO AMEND AND TO COUNT AS A
STRIKE PER 28 U.S.C. § 1915(g) FOR FAILURE
TO STATE A CLAIM

JUNIOUS,
(Docs. 18, 19)

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Defendant.
ORDER DIRECTING CASE CLOSURE

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Plaintiff, Raymond Perez, is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff filed his
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Second Amended Complaint on January 8, 2015, alleging a violation of the Eighth Amendment
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and his rights to due process. Doc. 18. On April 1, 2015, the Magistrate Judge screened it and
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recommended dismissal without leave to amend for failure to state a claim. Doc. 19. The
Findings and Recommendation was served that same date and allowed for filing of objections
within thirty days. Id. Despite lapse of more than the time granted, Plaintiff failed to file any
objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has 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.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations, issued on April 1, 2015 (Doc. 19), is adopted in

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full;

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2. This action is dismissed for Plaintiff's failure to state a claim;

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3. Dismissal of this action counts as a strike pursuant to 28 U.S.C. § 1915(g); and

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4. The Clerk of the Court is directed to close this action.

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IT IS SO ORDERED.

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Dated: July 2, 2015

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SENIOR DISTRICT JUDGE

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