Yellen v. Olivarez, et al
Filing
277
ORDER adopting in full 274 FINDINGS AND RECOMMENDATIONS, signed by Judge Garland E. Burrell, Jr., on 1/18/12. Plaintiff's 259 motion for reconsideration is GRANTED.This court's 3/1/11 order and judgment are VACATED; and this matter is REFERRED back to the magistrate judge for further proceedings. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MIKE YELLEN,
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Plaintiff,
vs.
ANA M. OLIVAREZ, et al.,
Defendants.
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No. 2:94-cv-1298 GEB DAD (PC)
ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On December 14, 2011, the magistrate judge filed findings and recommendations
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herein which were served on all parties and which contained notice to all parties that any
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objections to the findings and recommendations were to be filed within fourteen days.
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Defendants sought and received an extension of time to file objections on or before January 10,
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2012. Neither party has filed objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed December 14, 2011, are adopted in
full;
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2. Plaintiff’s April 7, 2011 motion for reconsideration is granted;
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3. This court’s March 1, 2011 order and judgment thereon are vacated; and
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4. This matter is referred back to the magistrate judge for further proceedings.
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Dated: January 18, 2012
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GARLAND E. BURRELL, JR.
United States District Judge
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