Alexander v. California Department of Corrections et al

Filing 115

ORDER signed by Judge Morrison C. England, Jr. on 8/21/2012 ADOPTING 113 Findings and Recommendations in full; DENYING 112 Motion for Extension of Time to file a second Notice of Appeal; DEEMING Plaintiff's Notice of Appeal, submitted to prison authorities for mailing on 4/22/2012, timely filed; DIRECTING the Clerk of Court to separately file the Plaintiff's Notice of Appeal, noting on the docket that the Notice of Appeal has been deemed timely filed. (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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JAMES ALEXANDER,

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Plaintiff,

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No. 2:08-cv-2773 MCE KJN P

vs.
CALIFORNIA DEPARTMENT
OF CORRECTIONS, et al.,

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Defendants.
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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 June 28, 2012, the magistrate judge filed findings and recommendations

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herein (ECF No. 113) which were served on all parties and which contained notice to all parties

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that any objections to the findings and recommendations were to be filed within fourteen days.

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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 June 28, 2012, are ADOPTED IN
FULL.
2. Plaintiff’s motion for extension of time to file a second notice of appeal (Dkt.
No. 112) is denied without prejudice.
3. Plaintiff’s Notice of Appeal submitted to prison authorities for mailing on
April 22, 2012, is deemed timely filed.
4. The Clerk of Court shall separately file plaintiff’s Notice of Appeal (currently

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set forth in Dkt. No. 112 at 9-11), with a notation on the docket that the Notice of Appeal has

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been deemed timely filed.

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Dated: August 21, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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