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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR RAY DEERE, SR., 12 Plaintiff, 13 14 No. 2:16-cv-1695-JAM-EFB P v. ORDER CDC MEDICAL STAFF, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 20, 2019, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 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 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire 26 file, the court finds the findings and recommendations to be supported by the record and by 27 proper analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed February 20, 2019, are adopted in full; 3 2. Plaintiff’s “Motion to Reinstate IFP Status and Continue Civil Action,” (ECF No. 38) 4 is construed as both a motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules 5 of Civil Procedure and an opposition to defendants’ Motion to Revoke Plaintiff’s In Forma 6 Pauperis Status (ECF No. 33); 7 3. Plaintiff’s Rule 60(b) motion (ECF No. 38) is granted; and 8 4. Defendants’ Motion to Revoke Plaintiff’s In Forma Pauperis Status (ECF No. 33) is 9 granted to the extent that plaintiff’s in forma pauperis status is revoked and plaintiff is required to 10 pay the $400 filing fee within fourteen days from the date of this order and plaintiff is warned that 11 failure to do so will result in the dismissal of this action. 12 So ordered. 13 14 15 16 DATED: June 10, 2019 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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