(PC) Darden v. Mechael et al, No. 1:2017cv00505 - Document 30 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS, Denying Defendants' Motion to Declare Plaintiff a Vexatious Litigant, and Directing Defendants to File an Answer to the Complaint within Twenty Days signed by Chief Judge Lawrence J. O'Neill on 06/21/2018. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALDINE DARDEN, 12 Plaintiff, 13 14 v. PHILIPE MECHAEL, et al., 15 Defendants. 16 Case No. 1:17-cv-00505-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, DENYING DEFENDANTS’ MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT, AND DIRECTING DEFENDANTS TO FILE AN ANSWER TO THE COMPLAINT WITHIN TWENTY DAYS [ECF Nos. 21, 29] Plaintiff Geraldine Darden is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) pursuant to 42 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 May 18, 2018, 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 to the Findings and Recommendation were to be filed within thirty days. No objections 24 were filed and the time period to do so has 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 May 18, 2018, is adopted in full; 3 2. Defendants’ motion to declare Plaintiff a vexatious litigant is denied; and 4 3. Defendants shall file an answer to the complaint within twenty (20) days from the date 5 of service of this order. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ June 21, 2018 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2