Aguilar v. Holland et al

Filing 14

ORDER Adopting 13 FINDINGS AND RECOMMENDATIONS; ORDER DISMISSING Action (Strike), with Prejudice, for Failure to State a Claim upon which Relief may be Granted Under Section 1983; ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. 1915(g); ORDER for Clerk to CLOSE CASE signed by Chief Judge Lawrence J. O'Neill on 2/16/2017. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BENITO AGUILAR, 12 Plaintiff, 13 vs. 14 KIM HOLLAND, et al., 15 Defendants. 16 1:16-cv-00114-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 13.) ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED UNDER SECTION 1983 17 ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. ' 1915(g) 18 ORDER FOR CLERK TO CLOSE CASE 19 20 I. BACKGROUND 21 Benito Aguilar (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 22 in this civil rights action filed pursuant to 42 U.S.C. § 1983. On January 25, 2016, Plaintiff 23 filed the Complaint commencing this action. (ECF No. 1.) The matter was referred to a United 24 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 25 On December 29, 2016, findings and recommendations were entered, recommending 26 that this action be dismissed based on plaintiff=s failure to state a claim upon which relief may 27 be granted under §1983. (ECF No. 13.) Plaintiff was granted thirty days in which to file 28 objections to the findings and recommendations. (Id.) The thirty day time period has passed, 1 1 and Plaintiff has not filed objections or any other response to the findings and 2 recommendations. (Court Record.) 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 4 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 5 the court finds the findings and recommendations to be supported by the record and proper 6 analysis. 7 Accordingly, THE COURT HEREBY ORDERS that: 8 1. 9 10 December 29, 2016, are adopted in full; 2. 11 12 This action is dismissed, with prejudice, based on plaintiff=s failure to state a claim upon which relief may be granted under § 1983; 3. 13 14 The Findings and Recommendations issued by the Magistrate Judge on 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 4. The Clerk of Court is directed to close this case. 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 16, 2017 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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