Spence v. Stambaugh et al
Filing
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ORDER signed by Senior Judge William B. Shubb on 6/9/16 ORDERING that the findings and recommendations filed 5/18/16, are adopted in full; and Defendant Voss' motion to dismiss filed 1/21/16, ECF No. 21 , is denied without prejudice; th e Clerk is directed to send plaintiff, together with a copy of this order, three (3) USM-285 forms; and Plaintiff is directed to submit to the court, within sixty days of this order, a newly-completed USM-285 form for each defendant, or show good cause why he cannot provide such information; this case is referred back to the magistrate judge for further proceedings. (Becknal, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GERALD SPENCE,
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Plaintiff,
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No. 2:14-cv-1170 WBS AC P
v.
ORDER
STAMBAUGH, 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 May 18, 2016, 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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/////
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 18, 2016, are adopted in full; and
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2. Defendant Voss’ motion to dismiss filed January 21, 2016, ECF No. 21, is denied
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without prejudice.
3. It is further ordered that:
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a. The Clerk of Court is directed to send plaintiff, together with a copy of this
order, three (3) USM-285 forms; and
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b. Plaintiff is directed to submit to the court, within sixty days after the filing date
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of this order, a newly-completed USM-285 form for each defendant, or show good cause why he
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cannot provide such information.
4. This case is referred back to the magistrate judge for further proceedings.
Dated: June 9, 2016
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spen1170.805
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