Smith v. Albee et al

Filing 88

ORDER signed by District Judge John A. Mendez on 5/26/2020 ORDERING, that upon reconsideration, the 84 order of the magistrate judge is AFFIRMED. (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 LENOIR SMITH,

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No. 2:15-cv-1598 JAM KJN P

Plaintiff,
v.

ORDER

DARREN ALBEE, et al.,
Defendants.

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On February 20, 2020, plaintiff filed a request for reconsideration of the magistrate

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judge’s order filed January 17, 2020, denying defendants’ motion for terminating sanctions, but

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awarding defendants monetary sanctions in the amount of $1,440.00, which order was stayed

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pending a showing that plaintiff has the ability to pay $1440.00. On February 24, 2020,

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defendants filed an opposition.

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Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld unless

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“clearly erroneous or contrary to law.” Id. Upon review of the entire file, the court finds that it

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does not appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration (ECF No. 85), the order
of the magistrate judge filed January 17, 2020 (ECF No. 84), is affirmed.

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DATED: May 26, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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