Smith v. Langler

Full title: LAWRENCE CHRISTOPHER SMITH, Plaintiff, v. LANGLER, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Sep 13, 2016

No. 1:10-cv-01814-DAD-JLT (E.D. Cal. Sep. 13, 2016)

Opinion

No. 1:10-cv-01814-DAD-JLT

09-13-2016

LAWRENCE CHRISTOPHER SMITH, Plaintiff, v. LANGLER, Defendant.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF'S MOTION TO AMEND

(Doc. Nos. 169, 173, 174, 187)

Plaintiff Lawrence Christopher Smith is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983, which he commenced on October 1, 2010. (Doc. No. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On April 7, 2016, the assigned magistrate judge filed findings and recommendations recommending that a declaration filed by plaintiff in this action be stricken, and the Clerk of the Court be directed to file that document as a new civil action, and that plaintiff's motion to file an amended complaint be denied. (Doc. No. 187.) Those findings and recommendations were served on the parties and contained notice that objections to the findings and recommendations were to be filed within thirty days. (Doc. No. 187.) Plaintiff filed objections in which he ///// reasserts many of the arguments he previously raised before the magistrate judge. (Doc. No. 194.)

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper legal analysis.

Accordingly,

1. The April 7, 2016 findings and recommendations (Doc. No. 187) are adopted in full;

2. The Clerk of the Court is directed to strike plaintiff's declaration (Doc. No. 169) from this case and to file it as a complaint in an entirely new civil action on plaintiff's behalf;

3. Plaintiff's motion to file an amended complaint (Doc. No. 174), filed March 7, 2016, is denied; and

4. The Clerk of the Court is directed to strike plaintiff's amended complaint (Doc. No. 173), lodged on March 7, 2016, from the record in this case.

IT IS SO ORDERED. Dated: September 13 , 2016

/s/_________

UNITED STATES DISTRICT JUDGE