Morris v. Nangalama et al

Filing 25

ORDER signed by Chief Judge Morrison C. England, Jr on 5/10/13 ORDERING that Plaintiff's 3/11/13 MOTION for Extension of Time 23 is GRANTED; The Order entered on 3/8/13 22 adopting in full the Findings and Recommendations, revoking Plaintif f's in forma pauperis status is CONFIRMED; and Plaintiff is GRANTED fourteen (14) days from the date of this order in which to pay the $350.00 filing fee. Failure to timely pay the filing fee will result in the dismissal of this action. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON E. MORRIS,
Plaintiff,

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No. 2:12-cv-1202 MCE KJN P

vs.

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DR. NANGALAMA, et al.,

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Defendants.

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ORDER
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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 January 29, 2013, the Magistrate Judge filed findings and recommendations herein

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(ECF No. 21) which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party filed objections to the findings and recommendations. On March 8, 2013, this Court

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adopted the findings and recommendations, dismissed this action, and judgment was entered.

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Thereafter, on March 11, 2013, Plaintiff filed a request for extension of time (ECF No.

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23), accompanied by a document styled, “Motion in Opposition of Court’s Order and Its

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Findings and Recommendations. . . .” (ECF No. 24.) The Court construes Plaintiff’s filing as a
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request for the Court to consider Plaintiff’s late objections. Accordingly, the March 8, 2013

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Order adopting the findings and recommendations is hereby reconsidered in light of the

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Plaintiff's recently submitted objections.1 However, nothing presented in Plaintiff's objections

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warrants vacating the judgment in this case. In Morris v. Woodford, 3:07-cv-4198 MJJ (N.D.

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Cal.), the court determined that Plaintiff had “struck out” under 28 U.S.C. § 1915(g) and

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dismissed the case. Plaintiff had a full and fair opportunity to challenge that finding in 3:07-cv-

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4198 MJJ.2

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
Court has conducted a de novo review of this case, including Plaintiff's objections to the findings

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and recommendations of the Magistrate Judge. Having carefully reviewed the entire file, the

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Court again finds the findings and recommendations to be supported by the record and by proper

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analysis.

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See Fed. R. Civ. P. 59(e) and 60(b).

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Moreover, on December 21, 2012, plaintiff’s in forma pauperis status was revoked in
Case Nos. 2:12-cv-2240 GEB CKD and 2:12-cv-2448 JAM CKD. These cases were terminated
on February 21, 2013, and March 19, 2013, respectively, based on plaintiff’s failure to pay the
filing fee.
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s March 11, 2013 motion for extension of time (ECF No. 23) is
GRANTED;

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The Order entered on March 8, 2013 (ECF No. 22) adopting in full the

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findings and recommendations, revoking plaintiff’s in forma pauperis

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status is CONFIRMED; and

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3.

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Plaintiff is granted fourteen (14) days from the date of this order in which
to pay the $350.00 filing fee. Failure to timely pay the filing fee will
result in the dismissal of this action.

11 Date: May 10, 2013
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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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