Bradley v. Miller et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 1/5/2018 ORDERING that plaintiff's tardy 14 objections to the already-adopted findings and recommendations are OVERRULED as untimely. Plaintiff's 18 Motion to Proceed IFP on appeal is DENIED AS MOOT, because plaintiff has already been granted in forma pauperis status on 10/27/2017, which continues automatically on appeal. No further motions will be entertained in this already-closed case. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LAWRENCE
BRADLEY,
Plaintiff,

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No. 2:17-cv-1834-MCE-KJN PS

ORDER
v.
JEFFREY MILLER, et al.,

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Defendants.

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On December 6, 2017, the assigned district judge adopted the undersigned’s findings and

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recommendations, and dismissed the case with prejudice. (ECF No. 12.) Thereafter, on

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December 13, 2017, plaintiff filed tardy objections to the already-adopted findings and

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recommendations. (ECF No. 14.) Subsequently, on January 3, 2018, plaintiff also filed a notice

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of appeal accompanied by a motion to proceed in forma pauperis on appeal. (ECF Nos. 17, 18.)

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Plaintiff’s tardy objections to the already-adopted findings and recommendations are

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OVERRULED as untimely. Plaintiff was provided with an opportunity to file objections to the

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findings and recommendations within a specified period of time, and in fact submitted timely

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objections on November 15, 2017 (ECF No. 9), which were considered by the district judge.

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(ECF No. 12.)

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Furthermore, plaintiff’s motion to proceed in forma pauperis on appeal is DENIED AS
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MOOT, because plaintiff has already been granted in forma pauperis status on October 27, 2017

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(ECF No. 6), which continues automatically on appeal.

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No further motions will be entertained in this already-closed case.

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IT IS SO ORDERED.

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This order resolves ECF Nos. 14 and 18.

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Dated: January 5, 2018

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