Opinion
No. 1:14-cv-01912-LJO-JLT (PC)
03-01-2016
VINCE WILLIAMS, Plaintiff, v. CDCR DEPARTMENT CORRECTIONS AND REHABILITATIONS, et al., Defendants.
ORDERADOPTING FINDINGS AND RECOMMENDATIONS DISMISSING ACTION WITH PREJUDICE FOR PLAINTIFF'S FAILURE TO COMPLY WITH THE COURT'S ORDER, TO PROSECUTE, AND TO STATE A CLAIM (Docs. 28, 29)
STRIKE PER 425 U.S.C. § 1915(g)
Plaintiff, Vince Williams, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 22, 2014. 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 January 12, 2016, the Magistrate Judge issued a findings and recommendation that this action be dismissed with prejudice because of Plaintiff's failure both to obey a court order and to prosecute this action and that Plaintiff be given a strike under 42 U.S.C. § 1915(g) since he failed to state a cognizable claim. (Doc. 29.) The findings and recommendations issued that same date and gave plaintiff thirty days to file objections. (Id.) Plaintiff did not file any objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), 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 by proper analysis. / / / / /
Accordingly:
1. the Findings and Recommendations, issued on January 12, 2016 (Doc. 29), is adopted in full;IT IS SO ORDERED.
2. this action is dismissed with prejudice for Plaintiff's failure to state a claim, failure to obey a court order, and failure to prosecute this action;
3. dismissal of this action counts as a strike pursuant to 28 U.S.C. § 1915(g); and
4. the Clerk of the Court is directed to close this action.
Dated: March 1 , 2016
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE