Nailing v. Cota et al

Filing 12

ORDER Adopting 11 Findings and Recommendations; ORDER Dismissing Action; ORDER that Dismissal is Subject to 28 USC 1915(g); ORDER for Clerk to Close Case, signed by Chief Judge Lawrence J. O'Neill on 10/9/18. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XAVIER DMETRI NAILING,

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Plaintiff,
v.
J. COTA, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF NOS. 1 & 11)
ORDER DISMISSING ACTION

Defendants.

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Case No. 1:18-cv-00565-LJO-EPG (PC)

ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)
ORDER FOR CLERK TO CLOSE CASE

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Xavier Dmetri Nailing (“Plaintiff”) is a former state prisoner proceeding pro se and in

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

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

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Rule 302.

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On August 31, 2018, Magistrate Judge Erica P. Grosjean entered findings and

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recommendations, recommending that this action be dismissed for failure to state a claim.

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(ECF No. 11, p. 7). Plaintiff was provided an opportunity to file objections to the findings and

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recommendations.

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objections or otherwise responded to the findings and recommendations.

The deadline to file objections has passed, and Plaintiff has not filed

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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,
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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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Grosjean on August 31, 2018, are ADOPTED IN FULL;
2.

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This action is DISMISSED, with prejudice, based on Plaintiff’s failure to state a
claim upon which relief may be granted;

3.

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The findings and recommendations issued by Magistrate Judge Erica P.

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:

/s/ Lawrence J. O’Neill _____

October 9, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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