Opinion
Case No. 1:11 cv 01835 LJO GSA PC
12-09-2013
KEITH LEE WHITE, Plaintiff, v. D. VAN LEER, et al., Defendants.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 8)
ORDER DISMISSING ACTION FOR
FAILURE TO SATE A CLAIM UPON
WHICH RELIEF MAY BE GRANTED
ORDER THAT DISMISSAL IS SUBJECT
TO 28 U.S.C. § 1915(g)
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
On November 6, 2013, findings and recommendations were entered, recommending dismissal of this action for failure to state a claim upon which relief can be granted. Plaintiff was provided an opportunity to file objections within thirty days. To date, 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 305, 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 6, 2013, are adopted in full;
2. This action is dismissed with prejudice, based on Plaintiff's failure to state a claim upon which relief may be granted under section 1983;
3. This dismissal is subject to the "three strikes" provision set forth in 28 U.S.C. §1915(g); and
4. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE