Smith v. Johal, et al.

Filing 25

ORDER adopting 21 Findings and Recommendation to dismiss action for failure to state a claim. Dismissal counts as a Strike pursuant to 28 USC 1915(g) signed by Chief Judge Lawrence J. O'Neill on 1/19/2017. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JASON SMITH, 11 12 13 14 15 16 17 CASE No. 1:15-cv-01662-LJO-MJS (PC) Plaintiff, v. DR. JOHAL, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATION TO DISMISS ACTION FOR FAILURE TO STATE A CLAIM (ECF NO. 21) DISMISSAL COUNTS AS A STRIKE PURSUANT TO 28 U.S.C. § 1915(g) CLERK TO TERMINATE ALL PENDING MOTIONS AND CLOSE CASE 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District of California. On November 1, 2016, the Magistrate Judge issued findings and a recommendation to dismiss the action with prejudice for failure to state a claim. (ECF No. 21.) Plaintiff filed objections. (ECF No. 24.) In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 1 Court finds the findings and recommendation to be supported by the record and by 2 proper analysis. Plaintiff’s objections allege at most a claim of medical malpractice. They 3 do not raise an issue of fact or law under the findings and recommendation. 4 Accordingly, it is HEREBY ORDERED that: 5 1. 6 The Court adopts the November 1, 2016 findings and recommendation (ECF No. 21) in full; 7 2. The action is DISMISSED with prejudice for failure to state a claim; 8 3. Dismissal counts as a strike pursuant to the “three strikes” provision set 9 10 forth in 28 U.S.C. § 1915(g); and 4. 11 The Clerk of the Court shall terminate all pending motions and close the case. 12 13 14 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 19, 2017 UNITED STATES CHIEF DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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