Stephen v. Zhang et al

Filing 118

ORDER signed by Judge Morrison C. England, Jr on 08/05/11 ordering the findings and recommendations filed 06/21/11 97 are adopted in full. Defendants 10/12/10 motion to declare plaintiff a vexatious litigant 56 is denied. Plaintiff's 03/22/11 motion for an injunction ordering the immediate repair or replacement of his teeth 85 is denied. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

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vs.

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No. CIV S-09-1516 MCE EFB (TEMP) P

F. ZHANG, 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 seeking relief

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

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

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On June 21, 2011, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within twenty-one days. All parties have filed

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objections to the findings and recommendations.

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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 carefully reviewed the entire file, the

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Court finds the findings and recommendations to be supported by the record and by proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 21, 2011 (ECF No. 97), are ADOPTED

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in full;
2. Defendants’ October 12, 2010 motion to declare plaintiff a vexatious litigant (ECF
No. 56) is DENIED; and
3. Plaintiff’s March 22, 2011 motion for an injunction ordering the immediate repair or
replacement of his teeth (ECF No. 85) is DENIED.
Dated: August 5, 2011

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

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