Wilson v. California Medical Facility et al

Filing 42

ORDER signed by Senior Judge Morrison C. England, Jr on 10/16/2020 ADOPTING 38 Findings and Recommendations in full;GRANTING 27 Motion to Revoke IFP Status; REVOKING plaintiff's IFP status; GRANTING 35 Motion to Strike; STRIKING 33 Counterclaim; and DIRECTING plaintiff to pay the filing fees for this case in full within 30 days. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID W. WILSON,

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Plaintiff,

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No. 2:16-cv-01547-MCE-DMC-P

v.

ORDER

MICHAEL C. SMITH, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern

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District of California local rules.
On July 30, 2020, the Magistrate Judge filed findings and recommendations herein which

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were served on the parties and which contained notice that the parties may file objections within

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the time specified therein. ECF No. 38. Timely objections to the findings and recommendations

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have been filed. ECF Nos. 39, 40.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), 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.

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The findings and recommendations filed July 30, 2020, ECF No. 38, are

ADOPTED in full;
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Defendants’ motion to revoke Plaintiff’s in forma pauperis status, ECF No. 27, is

GRANTED;

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3.

Plaintiff’s in forma pauperis status is REVOKED;

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4.

Defendants’ motion to strike Plaintiff’s counterclaim, ECF No. 35, is GRANTED;

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5.

Plaintiff’s counterclaim, ECF No. 33, is STRICKEN; and

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6.

Plaintiff shall pay the filing fees for this case in full within 30 days of the date of

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this order.
IT IS SO ORDERED.

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Dated: October 16, 2020

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