IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 13, 2010
STEVIE SMITH, PLAINTIFF,
ROBERT L. AYRIS, JR., ET AL., DEFENDANTS.
ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING ACTION WITHOUT PREJUDICE
DISMISSAL COUNTS AS STRIKE PURSUANT TO 28 U.S.C. § 1915(G)
Plaintiff Stevie Smith ("plaintiff") is a California state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint in on January 19, 2010. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 12, 2010, 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 twenty-one 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), 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 October 12, 2010, is adopted in full;
2. This action is dismissed without prejudice for violation of the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994); and
3. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
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