Opinion
5:12-cv-00429-SWW-JTK
02-21-2013
SIDNEY HARVEY, ADC #081397 PLAINTIFF v. GAYLON LAY, et al. DEFENDANTS
ORDER
The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record in accordance with 28 U.S.C. § 636(b)(1)(C), the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1. Plaintiff's Amended Complaint against Defendants is DISMISSED with prejudice, for failure to state a claim upon which relief may be granted.
2 This dismissal is considered a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g).
3. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 21st day of February 2013.
Susan Webber Wright
UNITED STATES DISTRICT JUDGE