Gonzales v. Podsakoff, et al.

Filing 48

ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 35 Defendants' Request for Consolidation signed by District Judge Dale A. Drozd on 9/7/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL GONZALES,

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Plaintiff,

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No. 1:15-cv-00924-DAD-SKO

v.
A. PODSAKOFF et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS, AND DENYING
DEFENDANTS’ REQUEST FOR
CONSOLIDATION

Defendants.
(Docs. Nos. 35, 42)

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Plaintiff Michael Gonzales is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. 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 May 25, 2017, the assigned magistrate judge issued finding and recommendations,

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recommending that this court deny defendants’ request to consolidate this action with Gonzales v.

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Garcia et al., No. 1:16-cv-01813-EPG (E.D. Cal. filed Oct. 12, 2016). (Doc. No. 42.) The

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

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thereto were to be filed within twenty-one days. (Id.) No objections have been filed.1

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On May 26, 2017, plaintiff filed an opposition to defendants’ request to consolidate, which
concurs with the magistrate judge’s findings and recommendations. (See Doc. No. 43.)
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this 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 analysis.

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Accordingly,

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1. The May 25, 2017 findings and recommendation (Doc. No. 42) are adopted in full;

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2. Defendants’ request to consolidate this action with Gonzales v. Garcia et al., No.

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1:16-cv-01813-EPG (Doc. No. 35), is denied.
IT IS SO ORDERED.
Dated:

September 7, 2017
UNITED STATES DISTRICT JUDGE

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