Rodgers v. Tilton et al

Filing 79

ORDER signed by Senior Judge William B. Shubb on 3/19/2013 ADOPTING 78 Findings and Recommendations in full; DENYING 74 Motion to Withdraw Settlement Agreement and Re-open Proceedings. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN RODGERS,

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Plaintiff,

No. 2:07-cv-2269 WBS DAD

vs.
JAMES E. TILTON, et al.,
Defendant.

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 February 7, 2013, 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. Neither

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party has filed objections to the findings and recommendations.

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Although it appears from the file that plaintiff’s copy of the findings and

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recommendations was returned, plaintiff was properly served. It is the plaintiff’s responsibility

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to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f),

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service of documents at the record address of the party is fully effective.
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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 February 7, 2013, are adopted in full;
and

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2. Plaintiff’s motion to withdraw the settlement agreement and re-open

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proceedings (Doc. No. 74) is denied

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DATED: March 19, 2013

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/rodg2269.803

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