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08-061 - McCoy v. Fitzsimmons et al


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08-061 - McCoy v. Fitzsimmons et al
January 18, 2008
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: The undersigned Magistrate Judge hereby recommends that the instant action, which has been construed as a petition for writ of mandamus, be DISMISSED with prejudice as frivolous under 28 U.S.C. §§ 1915(e)(2) and 1915A(b). Because Plaintiff is subject to the various provisions of the PLRA, the dismissal of this action will count as a "strike" or "prior occasion" within the meaning 28 U.S.C. § 1915(g) once the dismissal becomes final. Judge Irma C Ramirez no longer assigned to case. (Signed by Judge Irma C Ramirez on 01/18/2008) (twd)
February 5, 2008
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ORDER ACCEPTING 6 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Signed by Judge David C Godbey on 2/5/2008) (twd)