Turner v. Colon

Filing 77

ORDER signed by Judge Kimberly J. Mueller on 8/8/2013 ADOPTING 67 Findings and Recommendations; DENYING 40 Motion to Revoke IFP Status. (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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LEO B. TURNER, Jr.,
Plaintiff,

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vs.

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No. 2:11-cv-2343 KJM AC P

R. COLON, et al.,
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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On May 17, 2013, the magistrate judge filed findings and recommendations,

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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 twenty-one days. Neither party has

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filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 17, 2013 (ECF No. 67), are

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adopted in full; and
2. Defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No.

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40), pursuant to the three-strikes provision of 28 U.S.C. § 1915(g), is denied.

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DATED: August 8, 2013.

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UNITED STATES DISTRICT JUDGE

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