Smith v. Allison et al

Filing 147

ORDER ADOPTING 135 Findings and Recommendations and DENYING Plaintiff's 121 Motion to File a Supplement to the Third Amended Complaint, signed by District Judge Lawrence J. O'Neill on 6/1/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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v.
ALLISON, et al.,

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Defendants.

Case No. 1:10-cv-01814-LJO-JLT (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF'S MOTION TO FILE A
SUPPLEMENT TO THE THIRD AMENDED
COMPLAINT
(Docs. 121, 135)

_____________________________________/

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Plaintiff, Lawrence Christopher Smith, is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action under 42 U.S.C. § 1983 which he filed on October 1, 2010. The
matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and
Local Rule 302.
On April 7, 2015, the Magistrate Judge filed a Findings and Recommendations to deny

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Plaintiff's motion to file a supplement to the Third Amended Complaint. (Doc. 135.) The
Findings and Recommendations were served that same day and contained provisions for the
parties to file objections within thirty days. Despite lapse of more than the allowed time, neither
side has filed any objections to the Findings and Recommendations.
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 the Findings
and Recommendations to be supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. the Findings and Recommendations that issued on April 7, 2015 (Doc. 135) is

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adopted in full; and

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2. the motion to supplement the Third Amended Complaint, which Plaintiff filed on

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December 11, 2014 (Doc. 121), is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

June 1, 2015

UNITED STATES DISTRICT JUDGE
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