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Benyamini v. Swett

United States District Court, E.D. California

September 18, 2014

ROBERT BENYAMINI, Plaintiff,
v.
M. SWETT, et al., Defendants.

ORDER

KIMBERLY J. MUELLER, District Judge

Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On May 15, 2014, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Defendants have filed objections to the findings and recommendations.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed May 15, 2014, are adopted in full; and

2. Defendants' March 20, 2014 motion to declare plaintiff a vexatious litigant and require a security (ECF No. 22) is denied.


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