Johnson v. Clays et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 5/20/14 ADOPTING IN FULL 76 Findings and Recommendations; DENYING 37 Motion to Revoke Plaintiff's IFP Status; DENYING AS UNNECESSARY 53 Motion for Relief from Section 1915(g). Defendants are DIRECTED to file a responsive pleading in this matter within 30 days of the date of this order. (Meuleman, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LUIS REYNALDO JOHNSON,
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No. 2:11-cv-2881 TLN DAD P
Plaintiff,
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v.
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D. CLAYS, et al.,
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ORDER
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 April 23, 2014, 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 fourteen days. Both parties have filed
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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
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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 April 23, 2014 are adopted in full;
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2. Defendants’ motion to revoke plaintiff’s IFP status pursuant to 28 U.S.C. § 1915(g)
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(Doc. No. 37) is denied;
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3. Plaintiff’s motion for relief from § 1915(g) (Doc. No. 53) is denied as unnecessary; and
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4. Defendants are directed to file a responsive pleading in this matter within thirty days of
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the date of this order.
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Dated: May 20, 2014
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Troy L. Nunley
United States District Judge
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/john2881.806
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