(PC) Williams v. Bell et al, No. 1:2016cv01584 - Document 34 (E.D. Cal. 2018)
Court Description: ORDER adopting Findings and Recommendations 30 , denying Defendants' Motion to declare Plaintiff a vexatious litigant 19 and denying Plaintiff's Motion to strike a reply as unnecessary 29 signed by Chief Judge Lawrence J. O'Neill on 3/8/2018. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WESLEY WILLIAMS, 12 Plaintiff, 13 v. 14 C. BELL, et al., 15 Defendants. 16 Case No. 1:16-cv-01584-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING DEFENDANTS’ MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT AND DENYING PLAINTIFF’S MOTION TO STRIKE A REPLY AS UNNECESSARY (Doc. Nos. 19, 29, 30) Plaintiff John Wesley Williams is appearing pro se in this civil rights action pursuant to 42 17 18 ) ) ) ) ) ) ) ) ) ) U.S.C. § 1983. 19 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 20 636(b)(1)(B) and Local Rule 302. On November 30, 2017, the Magistrate Judge filed a Findings and 21 Recommendation recommending that Defendants’ motion to declare Plaintiff a vexatious litigant be 22 denied. The Findings and Recommendation was served on the parties and contained notice that 23 objections were to be filed within thirty days. No objections were filed and the time period to do has 24 expired. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 26 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 27 Recommendation to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed on November 30, 2017, is adopted in full; 3 2. Defendants’ motion to declare Plaintiff a vexatious litigant is denied; 4 3. Plaintiff’s motion to strike the filing of a reply is denied as unnecessary because no 5 6 7 reply was filed by Defendants; and 4. Within twenty (20) days from the date of service of this order, Defendants shall file a further response to Plaintiff’s complaint. 8 9 10 11 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ March 8, 2018 UNITED STATES CHIEF DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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