UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 8, 2011
JAMES YATES, ET AL.,
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER SECTION 1983 OR THE ADA, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT (Docs. 9 and 11) ORDER COUNTING DISMISSAL AS A STRIKE UNDER 28 U.S.C. § 1915(G)
Plaintiff Michael Chavez, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 12132 (the Americans with Disabilities Act (ADA)) on June 19, 2009. 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 April 1, 2011, the Magistrate Judge screened Plaintiff's amended complaint and recommended dismissal of this action for failure to state a claim. 28 U.S.C. § 1915A. After receiving two extensions of time, Plaintiff filed his objection on July 5, 2011.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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 Court adopts the Findings and Recommendations filed on April 1, 2011, in full;
2. This action is dismissed, with prejudice, for failure to state a claim under section 1983 or the ADA;
3. The Clerk of the Court shall enter judgment against Plaintiff; and
4. This dismissal counts as a strike under 28 U.S.C. § 1915(g).
IT IS SO ORDERED.
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