Darden v. Mechael et al
Filing
30
ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS, Denying Defendants' Motion to Declare Plaintiff a Vexatious Litigant, and Directing Defendants to File an Answer to the Complaint within Twenty Days signed by Chief Judge Lawrence J. O'Neill on 06/21/2018. (Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
GERALDINE DARDEN,
12
Plaintiff,
13
14
v.
PHILIPE MECHAEL, et al.,
15
Defendants.
16
Case No. 1:17-cv-00505-LJO-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING
DEFENDANTS’ MOTION TO DECLARE
PLAINTIFF A VEXATIOUS LITIGANT, AND
DIRECTING DEFENDANTS TO FILE AN
ANSWER TO THE COMPLAINT WITHIN
TWENTY DAYS
[ECF Nos. 21, 29]
Plaintiff Geraldine Darden is appearing pro se and in forma pauperis in this civil rights action
17
18
)
)
)
)
)
)
)
)
)
)
pursuant to 42 U.S.C. § 1983.
19
The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §
20
636(b)(1)(B) and Local Rule 302. On May 18, 2018, the Magistrate Judge filed a Findings and
21
Recommendation recommending that Defendants’ motion to declare Plaintiff a vexatious litigant be
22
denied. The Findings and Recommendation was served on the parties and contained notice that
23
objections to the Findings and Recommendation were to be filed within thirty days. No objections
24
were filed and the time period to do so has expired.
25
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de
26
novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
27
Recommendation to be supported by the record and by proper analysis.
28
///
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1.
The Findings and Recommendation, filed on May 18, 2018, is adopted in full;
3
2.
Defendants’ motion to declare Plaintiff a vexatious litigant is denied; and
4
3.
Defendants shall file an answer to the complaint within twenty (20) days from the date
5
of service of this order.
6
7
8
9
IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill _____
June 21, 2018
UNITED STATES CHIEF DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?