Doster v. Beard et al
Filing
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ORDER ADOPTING 68 Findings and Recommendations, signed by District Judge Dale A. Drozd on 2/21/18. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAMIEN DOSTER,
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Plaintiff,
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No. 1:15-cv-01415-DAD-GSA
v.
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
JEFFREY A. BEARD, et al.,
(Doc. Nos. 58, 68)
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Defendants.
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Plaintiff Damien T. Doster is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a
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United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On July 31, 2017, defendant Sarah Leon filed a motion to compel (Doc. No. 58),
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contending that plaintiff had failed to adequately comply with prior court orders and requesting
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dismissal as an appropriate sanction. On January 29, 2018, the assigned magistrate judge issued
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findings and recommendations (Doc. No. 68), recommending that defendant Leon’s motion to
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compel be granted but that the request for dismissal as a sanction be denied. The parties were
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granted fourteen days in which to file objections to the findings and recommendations. (Id.) The
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fourteen-day deadline has expired, and no objections have been filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this
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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
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court finds the findings and recommendations to be supported by the record and proper analysis.
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Accordingly,
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1.
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The findings and recommendations issued January 29, 2018 (Doc. No. 68) are
adopted in full;
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2.
Defendant Leon’s motion to compel (Doc. No. 58) is granted in part;
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3.
Plaintiff is required to serve defendant Leon with further responses to defendant
Leon’s interrogatories numbers 10 and 14, within thirty days;
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4.
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discovery responses with the court;
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5.
Plaintiff is required to date and sign his responses to the interrogatories, under
penalty of perjury;1 and
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Plaintiff is advised, pursuant to Local Rules 250.2, 250.3, and 250.4, not to file his
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This case is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.
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Dated:
February 21, 2018
UNITED STATES DISTRICT JUDGE
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The responses must be dated and signed by plaintiff, attesting under penalty of perjury to facts
known by plaintiff, in substantially the following form: “I declare under penalty of perjury that
the foregoing is true and correct. Executed on (date) . (Signature).”
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