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Creedon v. Central California Women's Facility

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 14, 2008

LEANNE CREEDON, PLAINTIFF,
v.
CENTRAL CALIFORNIA WOMEN'S FACILITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM AND FAILURE TO OBEY A COURT ORDER

This dismissal SHALL COUNT AS A STRIKE PURSUANT TO 28 USC 1915(g)

Plaintiff Leanne Creedon ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.

On June 24, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff did not file a timely Objection to the Findings and Recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations, filed June 24, 2008, is adopted in full; and

2. This action is dismissed, with prejudice, based on plaintiff's failure to state a claim, and for failure to obey the court's order of May 7, 2008. This dismissal SHALL COUNT AS A STRIKE PURSUANT TO 28 USC 1915(g).

IT IS SO ORDERED.

20080814

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