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Patrick F. Demery v. A. Enenmoh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 14, 2012

PATRICK F. DEMERY,
PLAINTIFF,
v.
A. ENENMOH, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM UNDER SECTION 1983, AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT (Docs. 15 and 17) ORDER THAT DISMISSAL IS SUBJECT TO 28 U.S.C. § 1915(G)

Plaintiff Patrick F. Demery, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 and California law on May 17, 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 April 20, 2012, the Magistrate Judge screened Plaintiff's Second Amended Complaint and issued a Findings and Recommendations recommending dismissal of the action for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A. Plaintiff filed a timely Objection on June 13, 2012.

Pursuant to 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 20, 2012, in full;

2. This action is dismissed, with prejudice, for failure to state a claim under section 1983;

3. The Clerk of the Court shall enter judgment against Plaintiff and close this action; and

4. This dismissal is subject to the "three-strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Vittorio, 658 F.3d 1090, 1098-99 (9th Cir. 2011).

IT IS SO ORDERED.

20120614

© 1992-2012 VersusLaw Inc.



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