Langston v. Fox et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2016 ORDERING the Clerk to remove the district judge assignment; the undersigned ADOPTS the 8/19/2016 findings and recommendations 4 ; and this action is DISMISSED without prejudice. CASE CLOSED. (cc: GEB)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER LANGSTON,

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Plaintiff,

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No. 2:16-cv-1912 KJN P

v.

ORDER

WARDEN ROBERT A. FOX, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On August 19, 2016, the undersigned

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recommended that this action be dismissed as duplicative of plaintiff’s complaint in case No.

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2:15-cv-1500 CMK. On August 25, 2016, plaintiff consented to proceed before the undersigned

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for all purposes. See 28 U.S.C. § 636(c). On September 1, 2016, plaintiff did not file objections,

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but filed a request to explain the delay in Case No. 2:15-cv-1500 CMK. Plaintiff’s request was

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filed in both this case and Case No. 2:15-cv-1500 CMK, and plaintiff’s request is more

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appropriately addressed in Case No. 2:15-cv-1500 CMK.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court shall remove the district judge assignment;

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2. The undersigned adopts the August 19, 2016 findings (ECF No. 4); and

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3. This action is dismissed without prejudice. See Fed. R. Civ. P. 41(b).
Dated: September 8, 2016

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lang1912.23jo

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