McElroy v. Gustafson et al

Filing 33

ORDER ADOPTING 25 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Troy L. Nunley on 9/9/2013. Defendants' 13 Motion to Revoke plaintiff's in forma pauperis status is DENIED. Defendants shall answer 1 Complaint within 10 days from date of Order. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LATHAHN MCELROY,

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Plaintiff,

No. 2:12-cv-1518 TLN JFM P

vs.

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C/O GUSTAFSON, 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

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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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On May 7, 2013, the magistrate judge filed findings and recommendations herein

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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 fourteen days. Defendants have not

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filed objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304, this court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed May 7, 2013 (ECF No. 25) are

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adopted in full;

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2. Defendants’ October 15, 2012 motion to revoke plaintiff’s in forma pauperis
status (ECF No. 13) is denied; and

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3. Defendants shall answer plaintiff’s complaint within ten days from the date of

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this order.

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DATED: September 9, 2013

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Troy L. Nunley
United States District Judge

/mcel1518.805

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