govinfo:USCOURTS-caed-1_05-cv-00524-6

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 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PATRICK O. FRANKLIN, SR.,
Plaintiff,
vs.
CALIFORNIA CORRECTIONAL
INSTITUTION, et al.,
Defendants.
                              /
1:05-cv-00524-REC-SMS-P
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (Doc. 14),
DISMISSING ACTION, WITH
PREJUDICE, FOR FAILURE TO OBEY
THE COURT’S ORDER AND FAILURE
TO STATE A CLAIM UPON WHICH
RELIEF MAY BE GRANTED (Docs. 1
and 13) AND DIRECTING CLERK TO
ENTER JUDGMENT FOR DEFENDANTS
Plaintiff Patrick O. Franklin, Sr. (“Plaintiff”), a state
prisoner proceeding pro se and in forma pauperis, has filed this
civil rights action seeking relief under 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 72-302.
On April 17, 2006, the Magistrate Judge filed a Findings and
Recommendations herein which was served on plaintiff and which
contained notice to plaintiff that an objection to the Findings
Case 1:05-cv-00524-REC-SMS     Document 15     Filed 05/11/06     Page 1 of 2
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and Recommendations, if any, was to be filed within twenty days. 
To date, plaintiff has not filed objections to the Magistrate
Judge’s Findings and Recommendations.
In accordance with the provisions of 28 U.S.C. §
636(b)(1)(C) and Local Rule 73-305, 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 by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed April 17, 2006,
is ADOPTED IN FULL;
2. This action is DISMISSED, with prejudice, for
plaintiff’s failure to obey the court’s order of February 28,
2006, and for failure to state a claim upon which relief may be
granted, and the dismissal shall count as a strike under 28
U.S.C. § 1915(g); and
3.   The Clerk of the Court is directed to enter judgment
for defendants.
IT IS SO ORDERED.
Dated:  May 10, 2006     /s/ Robert E. Coyle     
668554 UNITED STATES DISTRICT JUDGE
Case 1:05-cv-00524-REC-SMS     Document 15     Filed 05/11/06     Page 2 of 2

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