Bertram v. Sizelove, et al

Filing 109

ORDER Adopting Findings and Recommendations 100 and Denying Plaintiff's Motion for Preliminary Injunction 97 , signed by District Judge Anthony W. Ishii on 4/4/13. (Verduzco, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11

TIMOTHY BERTRAM,

12

Plaintiff,

13
14

vs.
C. SIZELOVE, et al.,

15

Defendants.

)
)
)
)
)
)
)
)
)
)

1:10cv00583 AWI DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
(Document 100)

16

Plaintiff Timothy Bertram (“Plaintiff”) is a state prisoner proceeding pro se and in forma

17
18

pauperis in this civil rights action. Plaintiff filed his complaint on April 5, 2010.

19
20
21

On September 28, 2012, Plaintiff filed a motion for criminal prosecution, which the Court
construed as a motion for preliminary injunction. The matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

22
23

On October 22, 2012, the Magistrate Judge issued Findings and Recommendations that
Plaintiff’s motion be denied. The Findings and Recommendations were served on the parties

24
25
26

and contained notice that any objections to the Findings and Recommendations were to be filed
within thirty days. The parties did not file objections.1

27
1

28

The parties filed objections to the Findings and Recommendations regarding Defendants’ Motion for Summary
Judgment. These Findings and Recommendations have since been vacated.
1

1
2
3

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 that the
Findings and Recommendations are supported by the record and by proper analysis.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

The Findings and Recommendations, filed October 22, 2012, are ADOPTED in

6
7

full; and
2.

8

Plaintiff’s motion for preliminary injunction (Document 97) is DENIED.

9
10

IT IS SO ORDERED.
11
12

Dated: April 4, 2013
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

13
14

0m8i788

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2