Scherffius v. Smith et al

Filing 67

ORDER signed by District Judge John A. Mendez on 11/9/2018 ADOPTING 65 findings and recommendations in full. Plaintiff's 63 motion for continuance of stay is GRANTED. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL E. SCHERFFIUS,

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Plaintiff,

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No. 2:13-cv-1277 JAM DB P

v.

ORDER

CHRISTOPHER SMITH, et al.,

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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.
On August 15, 2018, 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. Neither party has filed

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objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
1. The findings and recommendations filed August 15, 2018 are adopted in full.

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2. Plaintiff’s motion for continuance of stay (ECF No. 63) is granted. The stay of these

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proceedings set out in the court’s February 15, 2018 order is continued and this case remains

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administratively closed.

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3. Plaintiff shall notify the court within 120 days about the status of his health and
whether the stay should remain in place.

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DATED: November 9, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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