Wheeler v. United States

Filing 8

ORDER Disregarding Objections as Moot 7 signed by Magistrate Judge Jennifer L. Thurston on 8/25/2011. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN FREDERICK WHEELER,

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Plaintiff,
v.

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UNITED STATES,
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Defendant.
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1:11-cv-01045-LJO-JLT
ORDER DISREGARDING OBJECTIONS
AS MOOT
(Doc. 7)

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On August 3, 2011, the Magistrate Judge issued Findings and Recommendations

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recommending that the case be dismissed based upon Plaintiff’s failure to comply with the Federal

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Tort Claims Act. (Doc. 4) The Court granted Plaintiff 14 days to file objections to the findings and

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recommendations. (Doc. 4 at 5) When Plaintiff failed to file objections and after the 14 days had

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expired, on August 22, 2011, the Court adopted the findings and recommendations and dismissed

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the case. (Doc. 5)

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On August 24, 2011, Plaintiff filed objections to the findings and recommendations.1 (Doc.

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7) This case, however, is closed. Therefore, any document filed herein, including the instant

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amended complaint, will be disregarded. No further orders will be issued in this case.

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The Court notes that Plaintiff failed to provide any showing in his objections, that he had, indeed, complied
with the Federal Tort Claims Act and, instead impliedly admits that he did not do so. (Doc. 7 at 2, 8-10)

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Therefore, the Objections (Doc. 7) are DISREGARDED as MOOT.

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IT IS SO ORDERED.

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Dated: August 25, 2011
9j7khi

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/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE