Benyamini v. Manjuano et al

Filing 120

ORDER ADOPTING 97 FINDINGS AND RECOMMENDATIONS; ORDER Denying Plaintiff's 83 Request for Entry of Default Against Defendant Debbie Mandujano signed by Chief Judge Anthony W. Ishii on 09/11/2011. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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Plaintiff,
vs.
MANJUANO, et al.,

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Defendants.
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1:06-cv-01096-AWI-GSA-PC
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 97.)
ORDER DENYING PLAINTIFF'S
REQUEST FOR ENTRY OF DEFAULT
AGAINST DEFENDANT DEBBIE
MANDUJANO
(Doc. 83.)

_____________________________/
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Robert Benyamini (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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On May 24, 2011, Findings and Recommendations were entered, recommending that
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Plaintiff's request for entry of default, filed on January 5, 2011, be denied. (Doc. 97.) On August 11,
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2011, Plaintiff filed objections to the Findings and Recommendations. (Docs. 111, 112.)
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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304,

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this court has conducted a de novo review of this case. Having carefully reviewed the entire file,
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including Plaintiff's objections, the Court finds the Findings and Recommendations to be supported
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by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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24, 2011, are ADOPTED in full; and

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2.

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The Findings and Recommendations issued by the Magistrate Judge on May

Plaintiff's request for entry of default against Defendant Debbie Mandujano,
filed on January 5, 2011, is DENIED.

IT IS SO ORDERED.

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Dated:
0m8i78

September 11, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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