Wiseman v. Biter et al

Filing 45

ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS and Denying Plaintiff's 39 Motion for Court Order Requiring Law Librarian to Provide Copies of Discovery Documents signed by Chief Judge Lawrence J. O'Neill on 10/26/2018. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHESTER RAY WISEMAN, 12 Plaintiff, 13 v. 14 MARTIN D. BITER, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-00126-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S MOTION FOR COURT ORDER REQUIRING LAW LIBRARIAN TO PROVIDE COPIES OF DISCOVERY DOCUMENTS [ECF Nos. 39, 41] 17 Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 18, 2018, the Magistrate Judge issued a Findings and Recommendation 21 recommending that Plaintiff’s motion for a court order requiring the prison law librarian to provide 22 copies of discovery documents be denied. The Findings and Recommendation was served on Plaintiff 23 and contained notice that objections were to be filed within twenty-one (21) days. No objections were 24 filed and the time do so has expired. 25 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this court 26 has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds 27 the findings and recommendations to be supported by the record and proper analysis. 28 /// 1 1 Accordingly, it is HEREBY ORDERED that: 2 1. The Findings and Recommendation filed on September 18, 2018, is adopted in full; and 3 2. Plaintiff’s motion for a court order requiring the prison law librarian to provide copies 4 of discovery documents is denied. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ October 16, 2018 UNITED STATES CHIEF DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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