(PC) Hammler v. Gooch et al

Filing 78

ORDER ADOPTING 73 Findings and Recommendations and DENYING 55 Motion for Discovery Sanctions and Motions Under the All Writs Act, signed by District Judge Anthony W. Ishii on 9/15/2022. (Rivera, O)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ALLEN HAMMLER, 8 Plaintiff, 9 10 CASE NO. 1:19-cv-00653-AWI-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR DISCOVERY SANCTIONS AND MOTIONS UNDER THE ALL WRITS ACT v. GOOCH, et al., 11 Defendants. 12 (Doc. No. 73) 13 14 15 16 Plaintiff Allen Hammler is a state prisoner proceeding pro se and in forma pauperis in this 17 civil rights action filed pursuant to 42 U.S.C. § 1983. Doc. No. 1. The matter was referred to a 18 United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of 19 California Local Rule 302. 20 On July 28, 2022, the assigned magistrate judge entered findings and recommendations, 21 recommending that Defendants’ motion for discovery sanctions be denied and that Plaintiff’s 22 motions under the All Writs Act be denied. Doc. No. 73. Those findings and recommendations 23 were served on the parties and contained notice that any objections thereto were to be filed within 24 fourteen days after being served. Id. at 12. No party has filed objections, and the time to do so 25 has expired. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that the 28 findings and recommendations are supported by the record and by proper analysis. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 The findings and recommendations entered on July 28, 2022 (Doc. No. 73) are ADOPTED in full; 4 2. Defendants’ motion for discovery sanctions (Doc. No. 55) is denied; and 5 3. Plaintiff’s motions under the All Writs Act (Doc. Nos. 66, 67) are denied. 6 7 IT IS SO ORDERED. 8 Dated: September 15, 2022 SENIOR 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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