(TEMP)(PC) Smith v. Jenkens, No. 2:2015cv00344 - Document 44 (E.D. Cal. 2016)
Court Description: ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS in full signed by Senior Judge William B. Shubb on 01/05/16 ORDERING that defendants' 25 Motion to revoke plaintiff's IFP status is DENIED; and plaintiff's 23 37 Motions for Summary Judgment are DENIED without prejudice. (Benson, A)
Download PDF
<![CDATA[
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DESHONE SMITH, 12 Plaintiff, 13 14 No. 2:15-cv-0344 WBS KJN P (TEMP) v. ORDER OFFICER JENKENS et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 7, 2015, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Both parties have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed December 7, 2015, are adopted in full; 3 2. Defendants’ motion to revoke plaintiff’s IFP status (Doc. No. 25) is denied; and 4 3. Plaintiff’s motions for summary judgment (Doc. Nos. 23 and 37) are denied without 5 prejudice. 6 Dated: January 5, 2016 7 8 9 10 /smit0344.805 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
