Mack v. Ona et al

Filing 209

ORDER signed by District Judge Morrison C. England, Jr on 4/23/2018 ORDERING that the 198 F&R are DENIED as moot; Plaintiff's 193 , 197 , & 200 Motions are DENIED as moot. The parties are DIRECTED to proceed with this action by reviewing and complying with the Magistrate Judge's 206 Order. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY E. MACK,

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Plaintiff,

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No. 2:05-cv-2134-MCE-CMK-P

v.

ORDER

MARSHA ONA, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C.

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§ 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District

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of California local rules.
On May 8, 2013, the Magistrate Judge filed findings and recommendations herein which

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were served on the parties and which contained notice that the parties may file objections within a

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specified time. ECF No. 198. Plaintiff requested additional time to file objections to the findings

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and recommendations, which have been received. ECF Nos. 200, 201.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this

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Court has conducted a de novo review of this case. Due to an error in the Clerk’s Office, this

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case was inadvertently stayed and no action was taken on the case for a prolonged period of time.

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Due to the passage of time, the Court therefore REJECTS the Findings and Recommendations as

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moot.
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Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations filed May 8, 2013 (ECF No. 198), are
DENIED as moot;
2. Plaintiff’s request for additional time to file objections (ECF No. 200) is
DENIED as moot; and
3. Plaintiff’s motion for a temporary restraining order (ECF No. 193) and motion
to stay (ECF No. 197) are DENIED as moot.
4. The parties are directed to proceed with this action.by reviewing and
complying with the Magistrate Judge’s April 13, 2018 Order (ECF No. 206).
IT IS SO ORDERED.
Dated: April 23, 2018

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