Hernandez v. Lopez et al
Filing
17
ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS Regarding Dismissal of Action for Failure to State a Claim, Failure to Obey a Court Order, and Failure to Prosecute; ORDERED that this Dismissal shall count as a Strike pursuant to 28:1915(g), signed by District Judge Anthony W. Ishii on 9/30/2015. (Martin-Gill, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
HENRY HERNANDEZ,
12
Plaintiff,
13
v.
14
N. LOPEZ, et al.,
15
Defendants.
16
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:15-cv-00180-AWI-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
DISMISSAL OF ACTION FOR FAILURE TO
STATE A CLAIM, FAILURE TO OBEY A COURT
ORDER, AND FAILURE TO PROSECUTE
(ECF No. 16)
17
Plaintiff Henry Hernandez (“Plaintiff”), a former state prisoner proceeding pro se and in forma
18
19
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, initiated this action on January 8,
20
2015. On August 31, 2015, the Magistrate Judge issued Findings and Recommendations
21
recommending that this case be dismissed for failure to state a claim, failure to obey a court order, and
22
failure to prosecute. (ECF No. 16.) The Findings and Recommendations were served on Plaintiff with
23
instructions that any objections must be filed within fourteen days of service. The deadline for filing
24
those objections has passed, and no objections were filed.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de
25
26
novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings
27
and Recommendations are supported by the record and proper analysis.
28
///
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. The Findings and Recommendations dated August 31, 2015 (ECF No. 16), are
3
4
5
ADOPTED IN FULL;
2. This action is dismissed for failure to state a claim upon which relief may be granted,
failure to obey a court order, and failure to prosecute;
6
3. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); and,
7
4. The Clerk of the Court is directed to close this case.
8
9
10
11
IT IS SO ORDERED.
Dated: September 30, 2015
SENIOR DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?