(PC) Dustin v. Kern Valley State Prison Personnel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DALE OWEN DUSTIN, No. 1:19-cv-00989-LJO-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO VACATE JUDGMENT PURSUANT TO

v. FEDERAL RULE OF CIVIL PROCEDURE 60(b)(6) KERN VALLEY STATE PRISON PERSONNEL, (Doc. No. 23) 15 Defendant. 16 Plaintiff Dale Owen Dustin is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On November 6, 2019, the assigned magistrate judge issued findings and recommendations recommending that plaintiff’s application to proceed in forma pauperis be denied pursuant to 28 U.S.C. § 1915(g) and that plaintiff be required to pay the $400.00 filing fee in full in order to proceed with this civil action. (Doc. No. 16.) The findings and recommendations were served on plaintiff and contained notice that any objections thereto were to be filed within thirty (30) days after service of the findings and recommendations. (Id.) Plaintiff timely filed…