Chappell v. Fleming et al

Filing 45

ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS signed by Chief Judge Morrison C. England, Jr on 7/23/13 GRANTING Defendants' 32 Motion to Revoke IFP Status and DENYING Plaintiff's 34 Motion for Sanctions. The 4/23/12 order granting the IFP is VACATED. Defendants shall file their reply to the complaint within 30 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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No. 2:12-cv-0234 MCE AC P

Plaintiff,
v.

ORDER

OFFICER FLEMING, et al.,
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.

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On May 17, 2013, 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 twenty-eight days. Plaintiff has filed

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objections to the findings and recommendations. Plaintiff has also paid the filing fees.

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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. Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 17, 2013, are adopted in full;
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2. Defendants’ motion to revoke plaintiff’s in forma pauperis status (ECF No. 32) is
granted;

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3. Plaintiff’s in forma pauperis status is revoked;

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4. The court’s April 23, 2012 order granting plaintiff’s motion to proceed in forma

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pauperis is vacated;

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5. Plaintiff’s motion for sanctions (ECF NO. 34) is denied; and

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6. Defendants shall file their response to plaintiff’s complaint within 30 days of the filing

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date of this order.

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Date: July 23, 2013

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_____________________________________
___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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