Michael Peralta vs Fresno County Police Officers

Filing 21

ORDER adopting 20 FINDINGS AND RECOMMENDATIONS and dismissing action for failure to prosecute and failure to state a claim; ORDER that Dismissal is subject to 28 U.S.C. 1915(G) signed by Chief Judge Lawrence J. O'Neill on 10/4/2017. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL PERALTA,

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Plaintiff,

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Case No. 1:16-cv-01921-LJO-SAB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ACTION FOR FAILURE TO PROSECUTE
AND FAILURE TO STATE A CLAIM

v.
FRESNO COUNTY POLICE OFFICERS, et
al.,

(ECF No. 20)

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ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)

Defendants.
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On December 27, 2016, Plaintiff Michael Peralta, a state prisoner, appearing pro se and

19 in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. The action was
20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
21 Rule 302.
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On August 21, 2017, the Magistrate Judge filed findings and recommendations (“F&Rs”)

23 that recommended the matter be dismissed for Plaintiff’s failure to prosecute and failure to state
24 a claim. The F&Rs were served on Plaintiff and contained notice that any objections to the
25 F&Rs were to be filed within thirty days from the date of service. The period for filing
26 objections has passed and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted

28 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the

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1 F&Rs to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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The F&Rs, filed August 21, 2017, are ADOPTED IN FULL;

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2.

This action is DISMISSED for failure to prosecute and failure to state a claim;

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3.

This dismissal is subject to the “three-strikes” provision set forth in 28 U.S.C. §
1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011); and

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4.

The Clerk of the Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 4, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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