Deere v. CDC Medical Staff, et al.

Filing 44

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.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR RAY DEERE, SR.,

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Plaintiff,

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No. 2:16-cv-1695-JAM-EFB P

v.

ORDER

CDC MEDICAL STAFF, 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 February 20, 2019, 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.
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

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file, the court finds the findings and recommendations to be supported by the record and by

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proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 20, 2019, are adopted in full;

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2. Plaintiff’s “Motion to Reinstate IFP Status and Continue Civil Action,” (ECF No. 38)

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is construed as both a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules

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of Civil Procedure and an opposition to defendants’ Motion to Revoke Plaintiff’s In Forma

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Pauperis Status (ECF No. 33);

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3. Plaintiff’s Rule 60(b) motion (ECF No. 38) is granted; and

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4. Defendants’ Motion to Revoke Plaintiff’s In Forma Pauperis Status (ECF No. 33) is

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granted to the extent that plaintiff’s in forma pauperis status is revoked and plaintiff is required to

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pay the $400 filing fee within fourteen days from the date of this order and plaintiff is warned that

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failure to do so will result in the dismissal of this action.

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So ordered.

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DATED: June 10, 2019
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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