Hollis v. Bal et al

Filing 20

ORDER signed by District Judge Morrison C. England, Jr on 4/25/2018 ADOPTING 16 Findings and Recommendations in full and GRANTING 15 Motion for Relief From Judgment. The 6 Order and 7 Judgment are VACATED and the Clerk is DIRECTED to REOPEN the case. The 3 Motion to Proceed IFP is GRANTED. The 18 Request for a Copy of the Complaint is GRANTED. Copy of complaint sent to plaintiff. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN GLENN HOLLIS,

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Plaintiff,

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No. 2:13-cv-2145-MCE-EFB P

v.

ORDER

J. BAL, 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 March 14, 2018, the magistrate judge filed findings and recommendations herein

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

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findings and recommendations were to be filed within fourteen days. ECF No. 16. Plaintiff has

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not filed objections to the findings and recommendations. He has however, requested a copy of

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his October 16, 2013 Complaint because he no longer has a copy. ECF No. 18.
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:

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1. The findings and recommendations filed March 14, 2018 (ECF No. 16), are ADOPTED

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IN FULL;
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Plaintiff’s motion for relief from judgment (ECF No. 15) is GRANTED and the May 20,

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2014 Order (ECF No. 6) and Judgment (ECF No. 7) are VACATED and the Clerk is directed

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to reopen the case;

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3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 3) is GRANTED;

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4. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in

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accordance with the notice to the California Department of Corrections and Rehabilitation

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to be promptly issued by the magistrate judge; and

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5. As a one-time courtesy, Plaintiff’s request for a copy of his October 16, 2013 Complaint

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(ECF No. 18) is GRANTED. The Clerk shall send plaintiff a copy of the complaint.

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IT IS SO ORDERED.

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Dated: April 25, 2018

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