Sierra v. Woodford, et al.
Filing
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ORDER Re: 75 FINDINGS AND RECOMMENDATIONS, signed by District Judge Lawrence J. O'Neill on 5/27/2011. (Filing Fee Due in Thirty Days) (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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KENNETH ALAN SIERRA,
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Plaintiff,
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v.
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J. WOODFORD, et al.,
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Defendants.
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____________________________________)
NO. 1:07 cv 00149 AWI GSA PC
ORDER RE: FINDINGS &
RECOMMENDATIONS
Document # 75
FILING FEE DUE IN THIRTY DAYS
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Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42
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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28
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U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On April 23, 2010, findings and recommendations were entered, recommending that
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Plaintiff’s in forma pauperis status be revoked pursuant to 28 U.S.C. § 1915(g), and Plaintiff be
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directed to submit the filing fee in full. Plaintiff requested an extension of time and on May 28,
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2010, Plaintiff was granted an extension of time to file objections. Plaintiff requested a second
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extension of time, and on July 16, 2010, Plaintiff was granted a thirty day extension of time. On
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August 24, 2010, Plaintiff was granted a third extension of time. On October 7, 2010, Plaintiff
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was granted a fourth extension of time. On April 13, 2011, Plaintiff request yet another
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extension of time to file objections.
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On April 14, 2011, the Magistrate Judge entered a final order granting Plaintiff an
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extension of time to file objections. The Magistrate Judge noted that, in his requests for
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extensions of time, Plaintiff made vague arguments regarding difficulties he is having gaining
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access to his legal property, as well as allegations regarding “obstruction of mail.” Plaintiff re-
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asserted rambling arguments regarding events that occurred in 1999, argument that the Court
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addressed in earlier rulings. Plaintiff was specifically advised that the sole issue before the Court
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is that Plaintiff is not entitled to proceed in forma pauperis unless he meets the standard set forth
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in 28 U.S.C. § 1915(g). The Court found that the operative pleading in this case failed to meet
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that standard. Plaintiff was specifically advised that because the operative pleading is based on
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factual allegations, Plaintiff has personal knowledge of the facts alleged. No legal research is
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required, and Plaintiff does not need access to the law library to address the objections. Plaintiff
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was cautioned that, although he would be granted an extension of time, no further extensions of
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time would be granted. Plaintiff was specifically cautioned that thirty days from the date of
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service of the April 14, 2011, order, the recommendation would be submitted to the District
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Court, regardless of whether objections have been filed. On May 20, 2010, Plaintiff requested
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another extension of time. Plaintiff lists several grounds - his housing status, difficulty in getting
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copies, access to his legal materials, “conspiratorial collusion” on behalf of law library staff.
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Plaintiff’s request is unpersuasive.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 305, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly, THE COURT HEREBY ORDERS that:
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1. The Findings and Recommendations issued by the Magistrate Judge on April 23,
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2010, are adopted in full; and
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2. Plaintiff’s in forma pauperis staus is revoked pursuant to 28 U.S.C. § 1915(g).
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3. Plaintiff is directed to submit, within thirty days of the date of service of this order, the
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$350.00 filing fee for this action. Plaintiff’s failure to pay the filing fee, in full, will result in
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dismissal of this action pursuant to Local Rule 110 for Plaintiff’s failure to prosecute and to obey
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a court order.
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IT IS SO ORDERED.
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Dated:
b9ed48
May 27, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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