Scherffius v. Smith et al

Filing 74

ORDER signed by District Judge John A. Mendez on 7/22/19 ADOPTING 72 FINDINGS AND RECOMMENDATIONS in full; DENYING Plaintiff's Motion to continue the stay 69 . Within thirty days of the filed date of this order, Plaintiff shall file an opposition to defendants' 6/2/17 Motion for Summary Judgment. (Mena-Sanchez, L)

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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 June 5, 2019, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Plaintiff has filed

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objections to the findings and recommendations.
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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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 5, 2019, are adopted in full.

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2. Plaintiff’s motion to continue the stay (ECF No. 69) is denied.

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3. Within thirty days of the filed date of this order, plaintiff shall file an opposition to

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defendants’ June 2, 2017 motion for summary judgment.

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DATED: July 22, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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