Fields v. Patterson et al

Filing 119

ORDER Adopting 110 Findings and Recommendations; ORDER Granting Defendant Patterson's 68 Motion for an Order Requiring Security from a Vexatious Litigant; ORDER Declaring Plaintiff a Vexatious Litigant; ORDER Requiring Plaintiff to Post Security in the Amount of $7,905.00 Within Thirty Days, signed by Chief Judge Lawrence J. O'Neill on 8/18/16. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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1:10-cv-01700-LJO-EPG-PC

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 110.)

vs.

ORDER GRANTING DEFENDANT
PATTERSON’S MOTION FOR AN ORDER
REQUIRING SECURITY FROM A
VEXATIOUS LITIGANT
(ECF No. 68.)

P. PATTERSON, et al.,
Defendants.

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ORDER DECLARING PLAINTIFF A
VEXATIOUS LITIGANT

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ORDER REQUIRING PLAINTIFF TO POST
SECURITY IN THE AMOUNT OF
$7,905.00 WITHIN THIRTY DAYS

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THIRTY DAY DEADLINE

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Kevin E. Fields (“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

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 24, 2016, findings and recommendations were entered, recommending that

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defendant Patterson’s motion for an order requiring security from a vexatious litigant be
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granted. (ECF No. 110.) The parties were allowed thirty days in which to file objections to the

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findings and recommendations. Plaintiff requested and was granted two extensions of time to

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file objections. (ECF Nos. 111, 112, 114, 115.) On August 3, 2016, Plaintiff filed a third

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motion for extension of time to file objections, which was denied by the Court on August 16,

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2016. (ECF No. 116, 118.) To date, no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file,

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the Court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on March
24, 2016 are ADOPTED IN FULL;

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Defendant Patterson’s motion for an order requiring security from a vexatious
litigant, filed on August 13, 2015, is GRANTED;

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3.

Plaintiff is declared a vexatious litigant;

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4.

Within thirty days from the date of service of this order, Plaintiff is required to

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post security in the amount of $7,905.00;
5.

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If Plaintiff fails to post security in the amount of $7,905.00 within thirty days,
this case shall be dismissed without further notice; and

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This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 18, 2016

UNITED STATES CHIEF DISTRICT JUDGE

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