Weatherington v. Rios et al

Filing 24

ORDER ADOPTING 23 FINDINGS AND RECOMMENDATIONS; ORDER Dismissing Case, with Prejudice, For Failure to State a Claim; ORDER that this Dismissal is Subject to 28 U.S.C.1915(g); ORDER for Clerk to Close Case signed by District Judge Anthony W. Ishii on 06/08/2017. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONTE WEATHERINGTON,

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Plaintiff,

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vs.

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S. RIOS, et al.,

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Defendants.

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1:14-cv-00906-AWI-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 23.)
ORDER DISMISSING CASE, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM
ORDER THAT THIS DISMISSAL IS
SUBJECT TO 28 U.S.C.1915(g)

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ORDER FOR CLERK TO CLOSE CASE

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Monte Weatherington (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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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.

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On April 20, 2017, findings and recommendations were entered, recommending that

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this action be dismissed based on Plaintiff=s failure to state a claim upon which relief may be

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granted under §1983. (ECF No. 23.) Plaintiff was granted fourteen days in which to file

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objections to the findings and recommendations. (Id.) The fourteen-day time period has

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expired, and Plaintiff has not filed objections or otherwise responded to the findings and

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recommendations.1

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The United States Postal Service returned the findings and recommendations on May 1, 2017, as undeliverable.
A notation on the envelope indicates that Plaintiff was “Paroled/Discharged.” However, Plaintiff has not notified
the court of any change in his address. Absent such notice, service at a party’s prior address is fully effective.
Local Rule 182(f).
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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

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the court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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2017, are adopted in full;
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This action is DISMISSED, with prejudice, based on plaintiff=s failure to state a
claim upon which relief may be granted under § 1983;

3.

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The Findings and Recommendations issued by the Magistrate Judge on April 20,

This dismissal is subject to the Athree-strikes@ provision set forth in 28 U.S.C. '
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098 (9th Cir. 2011); and

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The Clerk of Court is respectfully directed to close this case.

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IT IS SO ORDERED.
Dated: June 8, 2017
SENIOR DISTRICT JUDGE

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