Penton v. Hubard et al

Filing 291

ORDER signed by District Judge Troy L. Nunley on 10/31/2022 ADOPTING 288 Findings and Recommendations in full. Plaintiff's 283 Motion to Certify Defendant's Appeal as Frivolous is GRANTED. Defendant's 279 interlocutory appeal i s certified as frivolous. 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, referencing Case No. 22-15665. This matter is REMANDED to the assigned magistrate judge for further scheduling. (cc: USCA, No. 22-15665) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PENTON,

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No. 2:11-cv-00518-TLN-KJN

Plaintiff,
v.

ORDER

L. JOHNSON, et al.,

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Defendants.

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Plaintiff, a state prisoner represented by counsel, 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 September 13, 2022, 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. (ECF No. 288.)

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Defendant Johnson filed objections to the findings and recommendations. (ECF No. 289.)

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Plaintiff filed a reply. (ECF No. 290.)

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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 September 13, 2022 (ECF No. 288) are

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ADOPTED in full;
2. Plaintiff’s Motion to Certify Defendant’s Appeal as Frivolous (ECF No. 283) is
GRANTED;

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3. Defendant’s interlocutory appeal (ECF No. 279) is certified as frivolous;

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4. 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, referencing Case No. 22-15665; and
5. This matter is remanded to the assigned magistrate judge for further scheduling.
DATED: October 31, 2022

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Troy L. Nunley
United States District Judge

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