Benyamini v. Swett et al

Filing 30

ORDER signed by Judge Kimberly J. Mueller on 9/18/14 ADOPTING IN FULL 28 Findings and Recommendations; DENYING 22 Motion to Declare Plaintiff a Vexatious Litigant. (Meuleman, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 Plaintiff, 13 14 No. 2:13-cv-00735-KJM-EFB P v. ORDER M. SWETT, et al., 15 Defendants. 16 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 17 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 15, 2014, the magistrate judge filed findings and recommendations, which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, 24 25 this court has conducted a de novo review of this case. Having reviewed the file, the court finds 26 the findings and recommendations to be supported by the record and by proper analysis. 27 ///// 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 15, 2014, are adopted in full; and 3 2. Defendants’ March 20, 2014 motion to declare plaintiff a vexatious litigant and 4 require a security (ECF No. 22) is denied. 5 DATED: September 18, 2014. 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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