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govinfo:USCOURTS-caed-1_22-cv-00455-7

U.S. District Court for the Eastern District of California · 2023-03-29

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
DAVID WAYNE WILSON, 
Plaintiff, 
v. 
LURA MERRITT, et al., 
Defendants. 
Case No.: 1:22-cv-00455-AWI-CDB (PC) 
 
ORDER ADOPTING FINDINGS AND 
RECOMMENDATIONS TO DENY 
MOTION FOR CLASS CERTIFICATION 
 
(Doc. 24) 
 
 
 
 
Plaintiff David Wayne Wilson is a state prisoner proceeding pro se and in forma pauperis 
in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a 
United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 
On January 23, 2023, the magistrate judge issued findings and recommendations, 
recommending that Plaintiff’s motion for class certification be denied. (Doc. 24.) Plaintiff was 
afforded 14 days within which to file objections. (Id. at 3-4.) Plaintiff filed his objections on 
February 1, 2023. (Doc. 25.) 
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 
de novo review of this case. Having carefully reviewed the file, including Plaintiff’s objections, 
the Court finds the findings and recommendations to be supported by the record and proper 
analysis. 
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Accordingly, IT IS ORDERED that: 
1. The findings and recommendations issued on January 23, 2023 (Doc. 24) are 
ADOPTED IN FULL; 
2. Plaintiff’s motion for class certification (Doc. 20) is DENIED; and 
3. This action is referred back to the assigned magistrate judge for further proceedings. 
 
IT IS SO ORDERED. 
 
Dated: March 28, 2023 
 SENIOR DISTRICT JUDGE 
 
 

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