Witkin v. Lotersztain et al

Filing 62

ORDER signed by District Judge Morrison C. England, Jr. on 3/22/2017 ORDERING that the 46 findings and recommendations are ADOPTED IN FULL. Plaintiff's 34 motion to amend is DENIED. Plaintiff's 33 motion under Rule 56(d) is DENIED. (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 AARON WITKIN,

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Plaintiff,

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No. 2:15-cv-00638 MCE KJN P

v.

ORDER

MARIANA LOTERSZTAIN, 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.

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On December 22, 2016, 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. Plaintiff has filed

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objections to the findings and recommendations. Defendants did not file a reply.
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 December 22, 2016, are adopted in full;

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2. Plaintiff’s motion to amend (ECF No. 34) is denied; and

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3. Plaintiff’s motion under Rule 56(d) (ECF No. 33) is denied.

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IT IS SO ORDERED.

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Dated: March 22, 2017

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