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Golden v. Garibay

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 20, 2010

EDWIN GOLDEN, PLAINTIFF,
v.
G.J. GARIBAY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: A. Howard Matz United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Complaint along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; (2) Claim One fails to state a claim upon which relief can be granted, and is frivolous; (3) Claim Two is unexhausted administratively; (4) Judgment shall be entered dismissing with prejudice all claims against defendant G.J. Garibay; (5) Judgment shall be entered dismissing without prejudice all claims against John Marshall, J. Cutillo, P.E. Noland, S.B. Gray and J. Vosignt; and (6) the dismissal of this action constitutes a strike under 28 U.S.C. § 1915(g).

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Report and Recommendation by the United States mail on the plaintiff.

20101020

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