Benyamini v. Hommer et al

Filing 54

ORDER signed by District Judge Troy L. Nunley on 6/23/2014 ORDERING that the 52 Findings and Recommendations are ADOPTED IN FULL. Defendants' 44 motion to revoke plaintiff's in forma pauperis status is DENIED. Defendants are directed to file their response to the first amended complaint within twenty-one days. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 Plaintiff, 13 14 No. 2:11-cv-2317 TLN AC P v. ORDER M.C. HAMMER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 23, 2014, the magistrate judge issued findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued May 23, 2014, are adopted in full; and 3 2. Defendants’ motion to revoke plaintiff’s in forma pauperis status, ECF No. 44, is 4 5 6 denied; and 3. Defendants are directed to file their response to the first amended complaint within twenty-one days. 7 8 Dated: June 23, 2014 9 10 Troy L. Nunley United States District Judge 11 12 /beny2317.805 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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