Smith v. Allison et al

Filing 211

ORDER adopting 187 FINDINGS AND RECOMMENDATIONS and denying 174 Motion to Amend the Complaint signed by District Judge Dale A. Drozd on 9/13/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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No. 1:10-cv-01814-DAD-JLT

v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION TO AMEND

LANGLER,

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Defendant.

(Doc. Nos. 169, 173, 174, 187)

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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 pursuant to 42 U.S.C. § 1983, which he commenced on

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October 1, 2010. (Doc. No. 1.) 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.
On April 7, 2016, the assigned magistrate judge filed findings and recommendations

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recommending that a declaration filed by plaintiff in this action be stricken, and the Clerk of the

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Court be directed to file that document as a new civil action, and that plaintiff’s motion to file an

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amended complaint be denied. (Doc. No. 187.) Those findings and recommendations were

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served on the parties and contained notice that objections to the findings and recommendations

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were to be filed within thirty days. (Doc. No. 187.) Plaintiff filed objections in which he

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reasserts many of the arguments he previously raised before the magistrate judge. (Doc. No.

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194.)

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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 the findings

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and recommendations to be supported by the record and by proper legal analysis.

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Accordingly,

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1. The April 7, 2016 findings and recommendations (Doc. No. 187) are adopted in full;

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2. The Clerk of the Court is directed to strike plaintiff’s declaration (Doc. No. 169) from
this case and to file it as a complaint in an entirely new civil action on plaintiff’s

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behalf;

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3. Plaintiff's motion to file an amended complaint (Doc. No. 174), filed March 7, 2016, is

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denied; and
4. The Clerk of the Court is directed to strike plaintiff’s amended complaint (Doc. No.

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173), lodged on March 7, 2016, from the record in this case.
IT IS SO ORDERED.
Dated:

September 13, 2016
UNITED STATES DISTRICT JUDGE

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