Miller v. CDC Warden and Staff et al

Filing 50

ORDER ADOPTING FINDINGS and RECOMMENDATIONS, and Denying Plaintiff's Motions for Preliminary Injunction re 38 , signed by District Judge Lawrence J. O'Neill on 1/26/09. (Gil-Garcia, A)

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1 2 3 4 ERNEST MILLER, 5 Plaintiff, 6 v. 7 A.K. SCRIBNER, et al., 8 Defendants. 9 10 11 12 Plaintiff Ernest Miller ("plaintiff") is a state prisoner proceeding pro se in this civil rights 13 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 14 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 15 On December 18, 2008, the Magistrate Judge filed a Findings and Recommendations herein 16 which was served on plaintiff and which contained notice to plaintiff that any objection to the 17 Findings and Recommendations was to be filed within fifteen days. Plaintiff filed an Objection to 18 the Findings and Recommendations on January 6, 2009. 19 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 20 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 21 and Recommendations to be supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. 24 2. 25 IT IS SO ORDERED. 26 27 28 1 Dated: b9ed48 January 26, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE Plaintiff's motions for a preliminary injunction are denied. The Findings and Recommendations, filed December 18, 2008, is adopted in full; / (Doc. 38) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF'S MOTIONS FOR PRELIMINARY INJUNCTION CASE NO. 1:07-cv-01416-LJO DLB PC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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