Gaines v. Brown et al

Filing 32

ORDER Striking Objections to Findings and Recommendations as Duplicative signed by Magistrate Judge Barbara A. McAuliffe on 03/16/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARY LEE GAINES,

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Plaintiff,

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v.

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BROWN, et al.,

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Case No. 1:16-cv-01666-LJO-BAM (PC)
ORDER STRIKING OBJECTIONS TO
FINDINGS AND RECOMMENDATIONS AS
DUPLICATIVE
(ECF No. 31)

Defendants.

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Plaintiff Mary Lee Gaines (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On November 9, 2017, the Court screened Plaintiff’s first amended complaint and issued

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findings and recommendations that it stated cognizable claims for deliberate indifference to

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medical needs against Defendant Mirelez for not giving Plaintiff her breathing treatment despite

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Plaintiff’s need for the treatment on February 11, 2014, and against Defendant Hoehing for not

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assisting Plaintiff when Defendant came to Plaintiff’s cell and Plaintiff was having an asthma

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attack on February 11, 2014, but failed to state any other claims. (ECF No. 20.) Following the

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filing of Plaintiff’s objections on March 5, 2018, (ECF No. 28), the assigned District Judge issued

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an order adopting the findings and recommendations, (ECF No. 29).

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On March 14, 2018, Plaintiff again filed objections to the November 9, 2017 findings and

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recommendations. (ECF No. 31.) It appears that Plaintiff mailed two copies of her objections on

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the same date, and one copy was not received until March 14. As these objections are duplicative
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of the objections previously considered by the District Judge in his order adopting the findings

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and recommendations, Plaintiff’s objections filed on March 14, 2018, (ECF No. 31), are

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HEREBY STRICKEN as duplicative.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 16, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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