Gamez v. Gonzalez, et al.

Filing 148

ORDER Adopting 143 FINDINGS AND RECOMMENDATIONS; ORDER DENYING Plaintiff's 140 Motion for Preliminary Injunctive Relief, or in the Alternative, Motion to Compel Defendants to Submit Documents for In Camera Review signed by District Judge Lawrence J. O'Neill on 12/9/2013. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO ALEJANDRO GAMEZ, 12 13 14 15 16 17 18 Plaintiff, vs. F. GONZALEZ, et al., Defendants. 1:08-cv-01113-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 143.) ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF, OR IN THE ALTERNATIVE, MOTION TO COMPEL DEFENDANTS TO SUBMIT DOCUMENTS FOR IN CAMERA REVIEW (Docs. 140, 141.) 19 20 Sergio Alejandro Gamez (APlaintiff@) is a state prisoner proceeding pro se and in forma 21 pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. On October 28, 2013, 22 findings and recommendations were entered, recommending that Plaintiff’s motion for 23 24 25 26 27 28 preliminary injunction be denied. (Doc. 143.) On November 8, 2013, Plaintiff filed objections to the findings and recommendations. (Doc. 146.) In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s objections, the Court finds the findings and recommendations to be supported by the record and proper analysis. Moreover, the defendants in this action are 1 1 employees at the California Correctional Institution in Tehachapi, California (CCI). According 2 to Plaintiff=s address of record at the Court, Plaintiff is now housed at Corcoran State Prison in 3 Corcoran, California (CSP).1 Because prison officials at CSP are now charged with housing 4 Plaintiff, his motion for a court order prohibiting acts by officials at CCI is moot. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 The Findings and Recommendations issued by the Magistrate Judge on October 28, 2013, are ADOPTED IN FULL; and 8 2. 9 Plaintiff’s motion for preliminary injunctive relief, or in the alternative, motion to compel, filed on October 24, 2013, is DENIED. 10 11 12 IT IS SO ORDERED. Dated: 13 14 15 /s/ Lawrence J. O’Neill December 9, 2013 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: b9ed48bb 16 17 18 19 20 21 22 23 24 25 26 27 28 1 On August 19, 2013, Plaintiff filed a Notice of Change of Address, changing his address from CCI to CSP. (Doc. 133.) 2

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