Moten v. Sosa
Filing
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ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS in full signed by District Judge John A. Mendez GRANTING (nunc pro tunc) the 30 Motion for Extension of time; DENYING with prejudice 15 Motion to Proceed IFP; plaintiff shall submit the full $400.00 filing fee within 14 days. Failure to timely comply with this directive will result in the dismissal of this action. (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JESSE T. MOTEN,
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No. 2:17-cv-0068 JAM AC P
Plaintiff,
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v.
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K. SOSA, et al.,
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ORDER
Defendant.
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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.
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On January 26, 2018, the magistrate judge filed findings and recommendations herein
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has obtained
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repeated extensions of time within which to file objections to the findings and recommendations.
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Plaintiff’s most recent request for extended time, ECF No. 30, is granted nunc pro tunc. The
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court has reviewed plaintiff’s objections and request for judicial notice filed September 10, 2018.
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See ECF Nos. 31, 32.
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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
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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. Plaintiff’s request for extended time to file objections to the findings and
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recommendations, ECF No. 30, is granted nunc pro tunc;
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2. The findings and recommendations filed January 26, 2018, are adopted in full;
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3. Plaintiff’s motion to proceed in forma pauperis, ECF No. 15, is denied with prejudice
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under 28 U.S.C. § 1915(g);
4. Plaintiff is directed to submit the full filing fee in the amount of $400.00 within
fourteen (14) days after the filing date of this order; and
5. Failure to timely comply with this directive will result in the dismissal of this action.
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DATED: November 8, 2018
/s/ John A. Mendez____________
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UNITED STATES DISTRICT COURT JUDGE
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