Opinion
CASE NO. 1:00-cv-06496-LJO-SMS PC.
March 1, 2007
Plaintiff Timothy Buford ("Plaintiff") is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.
On September 15, 2006, the Magistrate Judge filed a Findings and Recommendations herein which was served on the parties and which contained notice to the parties that any objections were to be filed within thirty days. After obtaining several extensions of time, Plaintiff filed an Objection on February 6, 2007. Defendant Broome did not file a response.
In addition, on October 6, 2006, the Honorable Anthony W. Ishii, before whom this case was pending, issued an order disclosing that his wife works for the County of Fresno. Judge Ishii declined to sua sponte recuse himself because it did not appear Mrs. Ishii's employment was related to the events at issue in this action. However, Judge Ishii granted leave to the parties to file a motion should any party believe a motion appropriate. After obtaining an extension of time, Plaintiff filed a motion to recuse Judge Ishii and the Fresno County Counsel's Office as defense counsel on February 6, 2007. Defendant filed anopposition on February 6, 2007, and plaintiff filed a reply on February 20, 2007.
On February 22, 2007, this action was reassigned following the appointment of the undersigned to the position of United States District Judge. In light of the reassignment of this action, plaintiff's motion is denied as moot.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, the undersigned has conducted a de novo review of this case. Having carefully reviewed the entire file, the undersigned finds the Findings and Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to recuse Judge Ishii and the County Counsel's Office, filed February 6, 2007, is DENIED as moot in light of the reassignment of this case;
2. The Findings and Recommendations, filed September 15, 2006, is adopted in full;
3. Plaintiff is (1) formally reprimanded for serving his filing of April 9, 2004, on the Attorney General's Office despite having been warned of the problem by the Court in its order of March 12, 2004, and (2) warned that monetary sanctions will be assessed against him if the violation occurs again;
4. Within sixty (60) days from the date of service of this order, Plaintiff SHALL (1) pay $102.70 to the Fresno County Counsel's Office, which is the cost incurred in filing the motion to compel service of the opposition, and (2) pay $250.00 to the Court, for making false representations in his opposition to Defendant's motion to compel service, and for making false representations and failing to concede his error in his surreply;
5. This action is DISMISSED, with prejudice, based on Plaintiff's bad faith conduct relating to the filing of motions for entry of default, for an order deeming Defendant's affirmative defenses waived, and for leave to amend; and
6. The Clerk of the Court shall enter judgment for Defendant and against Plaintiff.
IT IS SO ORDERED.