(PC) Wilson v. Smith et al, No. 2:2016cv01547 - Document 42 (E.D. Cal. 2020)

Court Description: ORDER signed by Senior Judge Morrison C. England, Jr on 10/16/2020 ADOPTING 38 Findings and Recommendations in full;GRANTING 27 Motion to Revoke IFP Status; REVOKING plaintiff's IFP status; GRANTING 35 Motion to Strike; STRIKING 33 Counterclaim; and DIRECTING plaintiff to pay the filing fees for this case in full within 30 days. (Coll, A)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. WILSON, 12 Plaintiff, 13 14 No. 2:16-cv-01547-MCE-DMC-P v. ORDER MICHAEL C. SMITH, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 17 18 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern 19 District of California local rules. On July 30, 2020, the Magistrate Judge filed findings and recommendations herein which 20 21 were served on the parties and which contained notice that the parties may file objections within 22 the time specified therein. ECF No. 38. Timely objections to the findings and recommendations 23 have been filed. ECF Nos. 39, 40. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 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. 3 4 5 The findings and recommendations filed July 30, 2020, ECF No. 38, are ADOPTED in full; 2. Defendants’ motion to revoke Plaintiff’s in forma pauperis status, ECF No. 27, is GRANTED; 6 3. Plaintiff’s in forma pauperis status is REVOKED; 7 4. Defendants’ motion to strike Plaintiff’s counterclaim, ECF No. 35, is GRANTED; 8 5. Plaintiff’s counterclaim, ECF No. 33, is STRICKEN; and 9 6. Plaintiff shall pay the filing fees for this case in full within 30 days of the date of 10 11 this order. IT IS SO ORDERED. 12 13 Dated: October 16, 2020 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2