Davis v. Walker et al

Filing 288

ORDER signed by Chief District Judge Kimberly J. Mueller on 03/20/23 ADOPTING 281 Findings and Recommendations in full and DENYING 263 280 Motions to Reinstate Prior Motions. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD DAVIS,

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Plaintiff,

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v.
JAMES WALKER, et al.,

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Defendants.

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___________________________________

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KENNARD DAVIS,

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No. 2:10-cv-2139 KJM DB P

Plaintiff,

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No. 2:08-cv-00593 KJM DB P

v.
JAMES WALKER, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 6, 2023, the magistrate judge issued an order and filed findings and

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recommendations, which were served on all parties and which contained notice to all parties that

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any objections to the findings and recommendations were to be filed within thirty days. F&R,

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ECF No. 281. Plaintiff has filed objections. Obj., ECF No. 284.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis. The

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bulk of plaintiff’s objections relate to the magistrate judge’s order issued concurrently to the

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findings and recommendations. If plaintiff wishes to challenge the magistrate judge’s order, the

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proper vehicle would be a motion for reconsideration under Federal Rule of Civil Procedure 60.

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Fed. R. Civ. P. 60. Plaintiff makes no objections relating to the findings and recommendations

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pending before this court. See generally Obj.

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Accordingly, IT IS HEREBY ORDERED:

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1. The findings and recommendations filed January 6, 2023, are adopted in full;

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2. Plaintiff’s motions in case no. 2:08-cv-0593 KJM DB P to reinstate prior motions

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(ECF Nos. 263, 280) are denied; and
3. Plaintiff’s motions in case no. 2:10-cv-2139 KJM DB P to reinstate prior motions

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(ECF Nos. 340, 356) are denied.

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DATED: March 20, 2023.

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