Birrell v. Banzhaf, et al.

Filing 58

ORDER signed by District Judge John A. Mendez on 2/21/18: 57 FINDINGS AND RECOMMENDATIONS are ADOPTED in full. 55 Motion to Dismiss is GRANTED in part and DENIED in part. The Clerk of Court shall close this case. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL, aka
BELLA-CHRISTINA BIRRELL,
Plaintiff,

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ORDER
v.

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No. 2:14-cv-1024 JAM DB P

JOYCE BANZHAF, et al.,
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 December 26, 2017, plaintiff filed a motion
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which requested: (1) that the instant action be dismissed, and (2) that the initial filing fee of
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$350.00 be waived. (See ECF No. 55).
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On January 9, 2018, the magistrate judge filed findings and recommendations herein
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recommending that the motion be granted in part and denied in part. (ECF No. 57). The findings
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and recommendations were served on all parties and contained notice to all parties that any
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objections to the findings and recommendations were to be filed within twenty-one days. (ECF
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No. 57). Neither party has filed objections to the findings and recommendations.
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The court has reviewed the file and finds the findings and recommendations to be
supported by the record and by the magistrate judge’s analysis.

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Therefore, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 9, 2018 (ECF No. 57) are ADOPTED

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in full;
2. Plaintiff’s motion filed December 26, 2017 (ECF No. 55) is GRANTED in part and
DENIED in part as follows:
a. Plaintiff’s request to dismiss the complaint is GRANTED. The action is
DISMISSED pursuant to Federal Rule of Civil Procedure 41(a)(2), and
b. Plaintiff’s request to have the $350.00 filing fee waived in the matter is DENIED.
Accordingly, the Clerk of Court shall close this case.
DATED: February 21, 2018

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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