(PC) Ruiz v. Woodfill et al

Filing 32

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/31/2021 ADOPTING IN FULL 30 Findings and Recommendations and DENYING 29 Motion for Relief of judgment. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,

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No. 2:20-cv-0205 KJM AC P

v.

ORDER

D. WOODFILL, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The court entered judgment on December 16, 2020, following which

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plaintiff file a motion for relief from judgment and motion for appointment of counsel. ECF No.

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29. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302.
On January 28, 2021, the magistrate judge filed findings and recommendations, which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. ECF No. 30. Plaintiff has filed

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objections to the findings and recommendations, which this court has reviewed. ECF No. 31.

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The court notes that the substance of the objections is presented in Spanish. As the magistrate

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judge correctly noted in her findings and recommendations, in this civil case filings must be

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presented to the court in English. It is plaintiff’s obligation to present a translation into English;

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there is no exception to these requirements for extraordinary circumstances.

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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 the file. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 28, 2021, ECF No. 30, are adopted in

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full; and
2. Plaintiff’s motion for relief from judgement, ECF No. 29, is denied.
DATED: March 31, 2021.

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