Gonzales v. Podsakoff, et al.
Filing
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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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