Opinion
1:12-cv-00503-LJO-GSA-PC
12-31-2013
JEANETTE SMITH, Plaintiff, v. DR. LARGOZA, et al., Defendants.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 10.)
ORDER DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO STATE A
CLAIM UPON WHICH RELIEF MAY
BE GRANTED UNDER SECTION 1983
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(G)
ORDER FOR CLERK TO CLOSE CASE
Jeanette Smith ("plaintiff") is a state prisoner proceeding pro se 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.
On November 21, 2013, findings and recommendations were entered, recommending that this action be dismissed based on plaintiff's failure to state a claim upon which relief may be granted under §1983. Plaintiff was provided an opportunity to file objections to the findings and recommendations within thirty days. The thirty-day deadline has passed, and plaintiff has not filed objections or otherwise responded to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, 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 proper analysis.
Accordingly, THE COURT HEREBY ORDERS that:
1. The Findings and Recommendations issued by the Magistrate Judge on November 21, 2013, are adopted in full;IT IS SO ORDERED.
2. This action is dismissed, with prejudice, based on plaintiff's failure to state a claim upon which relief may be granted under § 1983;
3. 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 (9th Cir. 2011); and
4. The Clerk of Court is directed to close this case.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE