(PC) Hollis v. Bal et al, No. 2:2013cv02145 - Document 20 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 4/25/2018 ADOPTING 16 Findings and Recommendations in full and GRANTING 15 Motion for Relief From Judgment. The 6 Order and 7 Judgment are VACATED and the Clerk is DIRECTED to REOPEN the case. The 3 Motion to Proceed IFP is GRANTED. The 18 Request for a Copy of the Complaint is GRANTED. Copy of complaint sent to plaintiff. (Hunt, G)
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(PC) Hollis v. Bal et al Doc. 20 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARVIN GLENN HOLLIS, 12 Plaintiff, 13 14 No. 2:13-cv-2145-MCE-EFB P v. ORDER J. BAL, 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 March 14, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. ECF No. 16. Plaintiff has 23 not filed objections to the findings and recommendations. He has however, requested a copy of 24 his October 16, 2013 Complaint because he no longer has a copy. ECF No. 18. The Court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED that: 28 ///// 1 Dockets.Justia.com 1 1. The findings and recommendations filed March 14, 2018 (ECF No. 16), are ADOPTED 2 3 IN FULL; 2. Plaintiff’s motion for relief from judgment (ECF No. 15) is GRANTED and the May 20, 4 2014 Order (ECF No. 6) and Judgment (ECF No. 7) are VACATED and the Clerk is directed 5 to reopen the case; 6 3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 3) is GRANTED; 7 4. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in 8 accordance with the notice to the California Department of Corrections and Rehabilitation 9 to be promptly issued by the magistrate judge; and 10 5. As a one-time courtesy, Plaintiff’s request for a copy of his October 16, 2013 Complaint 11 (ECF No. 18) is GRANTED. The Clerk shall send plaintiff a copy of the complaint. 12 IT IS SO ORDERED. 13 Dated: April 25, 2018 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2