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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON SMITH,

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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

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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

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Court finds the findings and recommendation to be supported by the record and by

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proper analysis. Plaintiff’s objections allege at most a claim of medical malpractice. They

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do not raise an issue of fact or law under the findings and recommendation.

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Accordingly, it is HEREBY ORDERED that:

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The Court adopts the November 1, 2016 findings and recommendation
(ECF No. 21) in full;

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The action is DISMISSED with prejudice for failure to state a claim;

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3.

Dismissal counts as a strike pursuant to the “three strikes” provision set

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forth in 28 U.S.C. § 1915(g); and
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The Clerk of the Court shall terminate all pending motions and close the
case.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 19, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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