-CKD (PC) Stephen v. Zhang et al, No. 2:2009cv01516 - Document 118 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 08/05/11 ordering the findings and recommendations filed 06/21/11 97 are adopted in full. Defendants 10/12/10 motion to declare plaintiff a vexatious litigant 56 is denied. Plaintiff's 03/22/11 motion for an injunction ordering the immediate repair or replacement of his teeth 85 is denied. (Plummer, M)

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-CKD (PC) Stephen v. Zhang et al Doc. 118 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, 11 Plaintiff, 12 vs. 13 No. CIV S-09-1516 MCE EFB (TEMP) P F. ZHANG, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 18 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On June 21, 2011, the magistrate judge filed findings and recommendations herein which 20 were served on all parties and which contained notice to all parties that any objections to the 21 findings and recommendations were to be filed within twenty-one days. All parties have filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 25 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 June 21, 2011 (ECF No. 97), are ADOPTED 3 4 5 6 7 8 in full; 2. Defendants’ October 12, 2010 motion to declare plaintiff a vexatious litigant (ECF No. 56) is DENIED; and 3. Plaintiff’s March 22, 2011 motion for an injunction ordering the immediate repair or replacement of his teeth (ECF No. 85) is DENIED. Dated: August 5, 2011 9 10 11 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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