Jefferson v. Department of Corrections and Rehabilitation et al

Filing 15

ORDER Adopting 14 Findings and Recommendations; ORDER Dismissing Action, with Prejudice, for Failure to State a Claim; ORDER that this Dismissal is Subject to the "Three Strikes" Provision of 28 UC 1915(g), signed by District Judge Anthony W. Ishii on 1/29/18. CASE CLOSED. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KEON L. JEFFERSON, Plaintiff, 10 11 12 13 Case No. 1:16-cv-00359-AWI-SAB-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 14) v. J. KATAVICH, et al., ORDER DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM Defendants. ORDER THAT THIS DISMISSAL IS SUBJECT TO THE “THREE STRIKES” PROVISION OF 28 U.S.C. § 1915(g) 14 15 16 17 Plaintiff Keon L. Jefferson is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On November 22, 2017, the assigned magistrate judge entered findings and 21 recommendations recommending that this action be dismissed based on Plaintiff’s failure to state 22 a claim upon which relief may be granted under §1983. (ECF No. 14.) Plaintiff was granted 23 thirty days in which to file objections to the findings and recommendations. (Id.) More than 24 thirty days have passed, and Plaintiff has not filed objections or otherwise responded to the 25 findings and recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 27 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 28 court finds the findings and recommendations to be supported by the record and proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. are adopted in full; 3 4 2. 3. This dismissal is subject to the “three strikes” provision of 28 U.S.C. § 1915(g); and 7 8 This action is dismissed, with prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under § 1983; 5 6 The findings and recommendations issued on November 22, 2017 (ECF No. 14), 4. The Clerk of Court is directed to close this case. 9 10 IT IS SO ORDERED. 11 Dated: January 29, 2018 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?