Talley v. Patel et al

Filing 22

ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 12 Plaintiff's Motion Regarding Trust Account Withdrawals for Lack of Jurisdiction signed by District Judge Anthony W. Ishii on 9/25/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY TALLEY,
Plaintiff,

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v.

Case No. 1:16-cv-01422-AWI-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION DENYING PLAINTIFF’S
MOTION REGARDING TRUST ACCOUNT
WITHDRAWALS FOR LACK OF JURISDICTION

PATEL, et al.,
(Docs. 12, 19)

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Defendants.

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Plaintiff, Perry Talley, is a state prisoner proceeding pro se and in forma pauperis in this

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in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.

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Plaintiff filed a motion disputing withdrawals from his trust account on July 7, 2017.

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(Doc. 12.) On August 18, 2017, the Magistrate Judge issued a Findings and Recommendations to

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deny Plaintiff’s motion for lack of jurisdiction. (Doc. 19.) The Findings and Recommendation

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was served that same date and allowed for filing of objections within twenty-one days. (Id.)

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Despite lapse of the time allowed, Plaintiff has not filed any objections.

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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

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Findings and Recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations, issued on August 18, 2017 (Doc. 19), is adopted

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in full; and
2. Plaintiff’s motion regarding withdrawals from his inmate trust account, filed on July 7,
2017 (Doc. 12) is DENIED for lack of jurisdiction.

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IT IS SO ORDERED.

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Dated: September 25, 2017

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SENIOR DISTRICT JUDGE

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