Benyamini v. Vance et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 8/2/2016 ADOPTING IN FULL 28 Findings and Recommendations and GRANTING Defendants' 20 Motion for an Order Declaring Plaintiff a Vexatious Litigant and Requiring Security. Plaintiff is DECL ARED a vexatious litigant under the provisions of Title 3A, part 2, of the California Code of Civil Procedure, adopted by this Court pursuant to Local Rule 151(b); and Plaintiff is REQUIRED to furnish security in the amount of $11,900 before proceeding with this action. (Jackson, T)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT BENYAMINI,
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No. 2:13-cv-0910 TLN AC P (TEMP)
Plaintiff,
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v.
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S. VANCE, et al.,
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ORDER
Defendants.
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Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this
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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 31, 2016, 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 thirty days. (ECF No. 28.) Plaintiff
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has filed objections to the findings and recommendations. (ECF No. 35.)
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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 31, 2016, are adopted in full;
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2. Defendants’ July 27, 2015, motion for an order declaring plaintiff a vexatious litigant
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and requiring security (ECF No. 20) is granted;
3. Plaintiff is declared a vexatious litigant under the provisions of Title 3A, part 2, of the
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California Code of Civil Procedure, adopted by this Court pursuant to Local Rule 151(b); and
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4. Plaintiff is required to furnish security in the amount of $11,900 before proceeding
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with this action.
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Dated: August 2, 2016
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Troy L. Nunley
United States District Judge
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