King v. McDonald et al

Filing 122

ORDER adopting 111 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 1/21/14:Plaintiff's July 30, 2013 "opposition" is construed as a motion for relief from judgment and, so construed, is denied 96 . The Clerk of the Court is directed to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. (cc: USCA) (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE STEPHEN KING,

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Plaintiff,

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No. 2:10-cv-2797 JAM DAD P

v.

ORDER

MIKE MCDONALD, et al.,

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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 pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 15, 2013, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within fourteen days.1 Plaintiff has filed

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objections.
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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By order filed December 6, 2013 (ECF No. 121), plaintiff was granted an additional period of
fourteen days in which to file and serve objections to the findings and recommendations.
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1. The findings and recommendations filed October 15, 2013, are adopted in full;

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2. Plaintiff’s July 30, 2013 “opposition” is construed as a motion for relief from judgment

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and, so construed, is denied; and
3. The Clerk of the Court is directed to serve a copy of this order on the United States

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Court of Appeals for the Ninth Circuit.

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DATED: January 21, 2014

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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