Deere v. CDC Medical Staff, et al.
ORDER ADOPTING 40 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez on 06/10/19. Plaintiff's 38 "Motion to Reinstate IFP Status and Continue Civil Action" (construed as both a Rule 60(b) motion for re lief from judgment and an opposition to defendants' 33 Motion to Revoke Plaintiffs IFP Status) is GRANTED as to the Rule 60(b) Motion; GRANTING defendants' 33 Motion to Revoke plaintiff's IFP status to the extent that plaintiff's IFP status is REVOKED and plaintiff is required to pay the $400 filing fee within 14 days. Plaintiff is warned that failure to do so will result in the dismissal of this action (cc: Financial). CASE REOPENED (Benson, A.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ARTHUR RAY DEERE, SR.,
No. 2:16-cv-1695-JAM-EFB P
CDC MEDICAL STAFF, et al.,
Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 20, 2019, the magistrate judge filed findings and recommendations herein
which were served on all parties and which contained notice to all parties that any objections to
the findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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
court has conducted a de novo review of this case. Having carefully reviewed the entire
file, the court finds the findings and recommendations to be supported by the record and by
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 20, 2019, are adopted in full;
2. Plaintiff’s “Motion to Reinstate IFP Status and Continue Civil Action,” (ECF No. 38)
is construed as both a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules
of Civil Procedure and an opposition to defendants’ Motion to Revoke Plaintiff’s In Forma
Pauperis Status (ECF No. 33);
3. Plaintiff’s Rule 60(b) motion (ECF No. 38) is granted; and
4. Defendants’ Motion to Revoke Plaintiff’s In Forma Pauperis Status (ECF No. 33) is
granted to the extent that plaintiff’s in forma pauperis status is revoked and plaintiff is required to
pay the $400 filing fee within fourteen days from the date of this order and plaintiff is warned that
failure to do so will result in the dismissal of this action.
DATED: June 10, 2019
/s/ John A. Mendez____________
UNITED STATES DISTRICT COURT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?