(PC) Murphy v. Pierce et al

Filing 63

ORDER signed by District Judge Troy L. Nunley on 2/2/2024 ADOPTING 57 Findings and Recommendations in Full & DENYING 50 Motion to Revoke IFP. This matter is REFERRED BACK to the assigned magistrate judge for all further pretrial proceedings. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MONRELL D. MURPHY,

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Plaintiff,

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v.

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C. PIERCE, et al.,

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No. 2:21-cv-1789-TLN-KJN

ORDER

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 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 December 13, 2023, the magistrate judge filed findings and recommendations herein

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which were served on all parties, and which contained notice to all parties that any objections to

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the findings and recommendations were to be filed within fourteen days. The time to file

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objections has passed, and neither party filed objections to the findings and recommendations.

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The Court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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the file, the Court finds the findings and recommendations to be supported by the record and by

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the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed December 13, 2023 (ECF No. 57), are
ADOPTED IN FULL;
2. The Court DENIES Defendants’ Motion to Revoke Plaintiff’s In Forma Pauperis
Status (ECF No. 50); and
3. This matter is referred back to the assigned magistrate judge for all further pretrial
proceedings.
Date: February 2, 2024

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Troy L. Nunley
United States District Judge

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