(PC) Winfield v. Schwarzenegger et al, No. 2:2009cv00636 - Document 54 (E.D. Cal. 2011)

Court Description: ORDER adopting 49 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge John A. Mendez on 1/25/11: Defendant's July 20, 2010, motion is partially granted 44 . Plaintiff's in forma pauperis status is revoked and he is directed to pay in full the $350.00 filing fee within 21 days from the filing of this order. (Kaminski, H)

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(PC) Winfield v. Schwarzenegger et al Doc. 54 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL WINFIELD, 11 12 13 14 15 16 Plaintiff, No. 2:09-cv-0636 JAM KJN P vs. ARNOLD SCHWARZENEGGER, Defendant. ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 27, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty-one days. On 22 October 8, 2010, plaintiff filed untimely objections to the findings and recommendations, and on 23 October 12, 2010, plaintiff filed a letter. Because plaintiff was in isolation for three months 24 without access to writing materials, the court will consider plaintiff’s untimely objections. 25 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 1 Dockets.Justia.com 1 file, the court finds the findings and recommendations to be supported by the record and by 2 proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 27, 2010, are adopted in full; 5 2. Defendant’s July 20, 2010, motion (Dkt. No. 44) is partially granted; and 6 3. Plaintiff’s in forma pauperis status is revoked and he is directed to pay in full 7 the $350.00 filing fee within 21 days from the filing of this order. Plaintiff is cautioned that 8 failure to pay the filing fee may result in the dismissal of this action. 9 DATED: January 25, 2011 10 11 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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