Opinion
Case No. C10-1658-JCC.
March 16, 2011
ORDER
This matter comes before the Court on Plaintiff's 42 U.S.C. § 1983 complaint, the Report and Recommendation of United States Magistrate Judge James P. Donohue, and Plaintiff's objections. The Court reviewed de novo those portions of a magistrate judge's report or specified proposed findings or recommendations to which Plaintiff objected. See 28 U.S.C. § 636(b)(1). Plaintiff's objections do not, however, address the merits of the Report and Recommendation, namely, Plaintiff's failure to abide by several deadlines imposed by the Court and Plaintiff's failure to state a claim on which relief may be granted. Accordingly, the Court ORDERS the following:
1. The Court ADOPTS the Report and Recommendation.
2. The Court DISMISSES Plaintiff's complaint with prejudice for failure to state a claim on which relief may be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(ii); 1915A(b)(1).
3. This dismissal constitutes a STRIKE under 28 U.S.C. § 1915(g).
4. The Court DIRECTS the Clerk of Court to send copies of this Order to Plaintiff and to Magistrate Judge James P. Donohue.