Miller v. CDC Warden and Staff et al

Filing 48

ORDER ADOPTING FINDINGS and RECOMMENDATIONS AND DENYINGPLAINTIFFS 37 MOTION FOR PRELIMINARYINJUNCTIVE RELIEF signed by District Judge Lawrence J. O'Neill on 1/8/2009. (Figueroa, O)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

3 4 5 6 7 8 9 / 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Dated: b9ed48 January 8, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2. Plaintiff Ernest Miller ("plaintiff") is a state prisoner proceeding pro se 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 December 18, 2008, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within fifteen days. Plaintiff filed an Objection to the Findings and Recommendations on December 30, 2008. 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 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 December 18, 2008, is adopted in full; and Plaintiff's motion for preliminary injunctive relief, filed August 22, 2008, is HEREBY DENIED.IT IS SO ORDERED. v. A.K. SCRIBNER, et al., (Doc. 37) Defendants. ERNEST MILLER, Plaintiff, CASE NO. 1:07-cv-01416-LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF