-EFB (PC) El-Shaddai v. Wheeler et al, No. 2:2006cv01898 - Document 95 (E.D. Cal. 2011)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 6/10/11 ADOPTING 89 FINDINGS AND RECOMMENDATIONS and DENYING Motion to Declare Plaintiff a Vexatious Litigant; Trial Confirmation Hearing set for 7/20/2011 at 11:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Meuleman, A)

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-EFB (PC) El-Shaddai v. Wheeler et al Doc. 95 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADONAI EL-SHADDAI, Plaintiff, 11 12 13 No. CIV S-06-1898 KJM EFB P vs. B. WHEELER, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 5, 2011, the magistrate judge filed findings and recommendations, 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Defendants have filed 22 objections to the findings and recommendations, and plaintiff has responded to the objections. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 23 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, 25 the court finds the findings and recommendations to be supported by the record and by proper 26 analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed April 5, 2011, are adopted in full; 3 2. Defendants’ January 3, 2011 motion to declare plaintiff a vexatious litigant is 4 5 denied; and 3. Trial confirmation hearing is set for July 20, 2011 at 11:00 a.m. in courtroom 6 no. 3. A trial date will be confirmed at that hearing. 7 DATED: June 10, 2011. 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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