Cramer v. Target Corporation et al, No. 1:2008cv01693 - Document 55 (E.D. Cal. 2010)

Court Description: ORDER Adopting 50 Findings and Recommendations, Recommending Denial of Defendant Eric Heller's 43 Motion to Revoke Plaintiff's in Forma Pauperis Status and to Declare Plaintiff a Vexatious Litigant signed by Judge Oliver W. Wanger on 2/5/2010. (Esteves, C)

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Cramer v. Target Corporation et al Doc. 55 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MATTHEW B. CRAMER, CASE NO. 1:08-cv-01693-OWW-SMS 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, RECOMMENDING DENIAL OF DEFENDANT ERIC HELLER’S MOTION TO REVOKE PLAINTIFF’S IN FORMA PAUPERIS STATUS AND TO DECLARE PLAINTIFF A VEXATIONS LITIGANT (Doc. 43) 11 12 v. 13 TARGET CORPORATION, et al., 14 15 Defendants. (Doc. 50) / 16 17 Plaintiff Matthew Cramer is a prisoner proceeding pro se in a civil rights action pursuant to 18 42 U.S.C. § 1983, arising from injuries inflicted on him during his detention for shoplifting by store 19 security personnel and local police. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 18, 2009, Defendant Eric Heller filed a motion challenging Plaintiff’s filing of 22 his complaint in forma pauperis and seeking to declare plaintiff a vexatious litigant (Doc.43). On 23 January 6, 2010, the Magistrate Judge filed Findings and Recommendations recommending that 24 Defendant Heller’s motion be denied (Doc. 50). The Findings and Recommendations were served 25 on the parties and contained notice to the parties that any objections to the Findings and 26 Recommendations were to be filed within thirty days. On January 21, 2010, Defendant Heller filed 27 objections to the findings and recommendations and supporting declarations (Docs. 51, 52 & 53). 28 1 Dockets.Justia.com 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de 2 novo review of this case and has considered Defendant Heller’s objections. Having carefully 3 reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the 4 record and proper analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Findings and Recommendations, filed January 6, 2010, are adopted in full; 7 2. Defendant Eric Heller’s motion to revoke Plaintiff’s in forma pauperis status and to 8 9 10 declare Plaintiff a vexatious litigant (Doc. 46) is DENIED; and 3. This matter is referred back to the Magistrate Judge for the resolution of other pending motions. 11 IT IS SO ORDERED. 12 Dated: February 5, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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