West v. Federal Bureau of Prisons et al

Filing 17

ORDER Adopting 14 FINDINGS AND RECOMMENDATIONS and DENYING 10 Motion for Preliminary Injunction signed by District Judge Lawrence J. O'Neill on 11/16/2009. (Sant Agata, S)

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1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Gerald A. West ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by federal actors. 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 September 23, 2009, 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 thirty days. Plaintiff filed an Objection to the Findings and Recommendations on October 19, 2009. 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. 1 v. FEDERAL BUREAU OF PRISONS, et al., (Docs. 10, 14) Defendants. / GERALD A. WEST, Plaintiff, Case No. 1:09-cv-01277-LJO-DLB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR PRELIMINARY INJUNCTION UNITED STATES DISTRICT COURT 1 2 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 Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendations, filed on September 23, 2009, is adopted in full; and 2. Plaintiff's motion for preliminary injunction, filed on September 15, 2009, is denied. IT IS SO ORDERED. Dated: b9ed48 November 16, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2

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