Gregory E. Shehee (Civil Detainee) v. Trumbly et al
Filing
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ORDER ADOPTING 66 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 65 Plaintiff's Motion for Access to Photocopy Services signed by District Judge Dale A. Drozd on 4/27/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GREGORY ELL SHEHEE,
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Plaintiff,
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v.
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No. 1:14-cv-00706-DAD-SAB
REDDING, et al.,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION FOR ACCESS TO PHOTOCOPY
SERVICES
Defendants.
(Doc. Nos. 65, 66)
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At the time this action was filed, plaintiff was a civil detainee proceeding pro se in a civil
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rights action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare
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and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning
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of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).
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 January 24, 2017, the assigned magistrate judge issued
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findings and recommendations recommending that the court deny plaintiff’s motion for access to
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copy services. (Doc. No. 66.) The findings and recommendations were served on the parties and
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contained notice that objections thereto were to be filed within thirty days. (Id.) Plaintiff filed
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objections on February 28, 2017. (Doc. No. 79.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has
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conducted a de novo review of this case. Having carefully reviewed the entire file, the
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undersigned concludes the findings and recommendation are supported by the record and by
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proper analysis. Plaintiff’s objections do not persuade the court otherwise. The mere fact that
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plaintiff keeps “getting copies not quit[e] right” because he is not allowed to use a photocopier
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does not warrant a preliminary injunction on the basis of plaintiff’s claim that he is being denied
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access to the courts.
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Based on the foregoing,
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1. The January 24, 2017 findings and recommendations (Doc. No. 66) are adopted in full;
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and
2. Plaintiff’s motion for access to photocopy services (Doc. No. 65) is denied.
IT IS SO ORDERED.
Dated:
April 27, 2017
UNITED STATES DISTRICT JUDGE
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