Lipsey v. Guzman

Filing 20

ORDER Adopting 15 Findings and Recommendations; ORDER Dismissing Action; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER for Clerk to Close Case, signed by District Judge Anthony W. Ishii on 7/3/18. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff,
v.
M. GUZMAN, et al.,
Defendants.

Case No. 1:17-cv-00896-AWI-EPG (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF NOS. 12 & 15)
ORDER DISMISSING ACTION
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)
ORDER FOR CLERK TO CLOSE CASE

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Christopher Lipsey, Jr. (“Plaintiff”), is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred

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to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 30, 2018, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that this action be dismissed, with Plaintiff’s state law claim

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being dismissed without prejudice. (ECF No. 15).

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Plaintiff was provided an opportunity to file objections to the findings and

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recommendations. Plaintiff filed his objections on May 11, 2018. (ECF No. 16). Plaintiff filed

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supplemental objections on May 18, 2018. (ECF No. 19).

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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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 recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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on March 30, 2018, are ADOPTED IN FULL;
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Plaintiff’s federal claims are dismissed with prejudice and his state law claim is
dismissed without prejudice;

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The findings and recommendations issued by Magistrate Judge Erica P. Grosjean

This dismissal is subject to the “three-strikes” provision set forth in § 1915(g).
Coleman v. Tollefson, 135 S. Ct. 1759, 1763 (2015); and

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The Clerk of Court is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated: July 3, 2018
SENIOR DISTRICT JUDGE

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