-DLB (PC) Henderson v. Rodriguez, No. 1:2008cv00188 - Document 88 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 83 FINDINGS AND RECOMMENDATIONS and DENYING 74 Defendant's Motion to Revoke Plaintiff's In Forma Pauperis Status, signed by District Judge Lawrence J. O'Neill on 7/6/2011. (Jessen, A)

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-DLB (PC) Henderson v. Rodriguez Doc. 88 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CURTIS LEE HENDERSON, SR., 10 CASE NO. 1:08-CV-00188-LJO-DLB PC Plaintiff, 11 v. 12 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING DEFENDANT’S MOTION G. RODRIGUEZ, 13 (DOC. 83) Defendant. 14 / 15 16 Plaintiff Curtis Lee Henderson, Sr., (“Plaintiff”) is a California state prisoner proceeding pro 17 se in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against 18 Defendant G. Rodriguez for retaliation in violation of the First Amendment. On April 25, 2011, 19 Defendant filed a motion for the Court to revoke Plaintiff’s in forma pauperis status. Doc. 74. The 20 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 21 Local Rule 302. 22 On June 17, 2011, the Magistrate Judge filed a Findings and Recommendations which was 23 served on the parties and which contained notice to the parties that any objection to the Findings and 24 Recommendations was to be filed within fourteen days. Neither party filed a timely Objection to 25 the Findings and Recommendations. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed June 17, 2011, is adopted in full; and 3 2. Defendant’s motion to revoke Plaintiff’s in forma pauperis status, filed April 25, 4 2011, is denied. 5 IT IS SO ORDERED. 6 Dated: b9ed48 July 6, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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