Opinion
2:18-cv-1302 JAM AC P
06-28-2021
KYLE AVERY, Plaintiff, v. M.D. STAINER, et al., Defendants.
ORDER
JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
Plaintiff, a 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 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 26, 2021, the magistrate judge filed findings and recommendations herein 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 twenty-one days. ECF No. 34. Defendants have filed objections to the findings and recommendations, ECF No. 35, to which plaintiff has responded, ECF No. 36.
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 carefully reviewed the entire 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 March 26, 2021, ECF No. 34, are adopted in full;
2. Defendants' motion to revoke plaintiff's in forma pauperis status, ECF No. 28, is DENIED; and
3. Defendants shall file a response to the complaint within twenty-one days of the filing of this order.