Lamon v. Junious et al

Filing 81

ORDER ADOPTING 74 FINDINGS AND RECOMMENDATIONS signed by District Judge Anthony W. Ishii on 03/05/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BARRY LOUIS LAMON,

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CASE NO. 1:09-CV-484 AWI SAB (PC)

Plaintiff
ORDER ADOPTING FINDINGS AND
RECOMMENDATION

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v.

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MAURICE JUNIOUS, et al.,
(Doc. Nos. 43, 69, 74)

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Defendants

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Plaintiff Barry Lamon is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. On May 10, 2013, Defendants filed a motion to revoke Plaintiff’s

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in forma pauperis status. See Doc. Nos. 43.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302. On September 11, 2013, Plaintiff filed a motion to file a

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surreply to the motion to revoke. See Doc. No. 69. On January 27, 2014, the Magistrate Judge

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filed a Findings and Recommendations (F&&R) that recommended denying Defendants’ motion.

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See Doc. No. 74. The F&R, which was served on Plaintiff, contained notice that Objections to the

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F&R were to be filed within thirty days. Despite the recommendation, Plaintiff filed an objection.

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See Doc. Nos. 77, 78.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds that the

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F&R to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

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in full;

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The Findings and Recommendations, filed on January 27, 2014, (Doc. No. 74) is adopted

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Defendant’s motion to revoke (Doc. No. 43) is DENIED; and

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Plaintiff’s motions to file a surreply (Doc. No. 69) is DENIED.

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IT IS SO ORDERED.
Dated: March 5, 2014
SENIOR DISTRICT JUDGE

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