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Neal v. California Department of Corrections

United States District Court, E.D. California

July 1, 2014

KEITH NEAL, Plaintiff,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

ORDER ADOPTING FINDINGS AND RECOMMENDATION DISMISSING ACTION WITH PREJUDICE FOR FAILURE TO STATE A CLAIM (ECF No. 22) DISMISSAL COUNTS AS STRIKE PRUSUANT TO 28 U.S.C. § 1915(g)

ANTHONY W. ISHII, Senior District Judge.

Plaintiff is an individual proceeding pro se and in forma pauperis 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 302 of the United States District Court for the Eastern District of California.

On April 30, 2014, the Magistrate Judge issued Findings and Recommendation that the action be dismissed for failure to state a claim. (F&R's, ECF No. 22 at ¶ IV.) Plaintiff has not filed objections to the Findings and Recommendation and the time for doing so has expired. (Id.)

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 Recommendation to be supported by the record and by proper analysis.

Accordingly, it is HEREBY ORDERED that:

1. The Court adopts the Findings and Recommendation filed on April 30, 2014 (F&R's, ECF No. 22) in full,
2. The action is DISMISSED with prejudice for failure to state a claim and dismissal shall count as a strike pursuant to the "three strikes" provision set forth in 28 U.S.C. § 1915(g), and
3. The Clerk of the Court shall terminate all pending motions and close the case.

IT IS SO ORDERED.


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