Green v. Ferguson, et al.

Filing 29

ORDER signed by Chief Judge Anthony W. Ishii on 4/18/2012 adopting 27 FINDINGS AND RECOMMENDATIONS and denying 26 Motion for Preliminary Injunction. (Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VENCIL GREEN,

Case No. 1:10-cv-01768 AWI JLT (PC)

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Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
PLAINTIFF’S MOTION FOR
DR. LARRY N. FERGUSON, et. al.,
PRELIMINARY INJUNCTION
vs.

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Defendants. (Doc. 27)

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Plaintiff Vencil Green is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to the United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rules 302 and 303.
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On March 22, 2012, the Magistrate Judge filed Findings and Recommendations denying

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Plaintiff’s motion for preliminary injunction. (Doc. 26). Plaintiff sought to prohibit unrelated

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third parties, namely, prison law library personnel, from denying him access to the law library—a

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request that was unrelated to the merits of his present claims for inadequate medical care. (Doc.

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26). The Magistrate denied Plaintiff’s request, as Plaintiff failed to meet his burden of proving

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preliminary relief was warranted.

(Id.)

The Magistrate’s Findings and Recommendations

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informed Plaintiff that any objections to the Findings and Recommendations were to be filed
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within twenty-one days. No objections have been filed.
Therefore, in accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v.
Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court finds that the
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findings and recommendation are supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Findings and Recommendations, filed on March 22, 2012, are adopted in full; and

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2. Plaintiff's motion, filed on January 24, 2012, which seeks a preliminary injunction

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prohibiting law librarian J. Guzman and Legal Officer, I. Vela Lopez, from denying him access to

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the law library is DENIED.

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IT IS SO ORDERED.
Dated: April 18, 2012
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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