Porter v. Jennings et al

Filing 160

ORDER signed by District Judge Anthony W. Ishii on 1/16/2014 adopting 151 FINDINGS AND RECOMMENDATIONS and denying 146 , 148 Motions for Preliminary Injunctions.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAMUEL KENNETH PORTER,

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Plaintiff,
v.
CAPTAIN JENNINGS, et al.,
Defendants.

Case No. 1:10-cv-01811-AWI-DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
RECOMMENDING PLAINTIFF’S
MOTIONS FOR PRELIMINARY
INJUNCTION BE DENIED
(ECF Nos. 146, 148, 151)

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Plaintiff Samuel Kenneth Porter (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in
forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on
Plaintiff’s First Amended Complaint against Defendants Jennings and Lowe for failure to protect in
violation of the Eighth Amendment. Pending before the Court are: 1) Plaintiff’s motion regarding
retaliation by library staff and correctional officers, filed November 14, 2013; and 2) Plaintiff’s
motion for a court order, filed October 21, 2013. (ECF Nos. 146 & 148.) The Court treats these
motions as motions for preliminary injunction. On November 21, 2013, the Magistrate Judge issued
findings and recommendations recommending to deny the motions for preliminary injunction. (ECF
No. 151.) On December 9, 2013, Plaintiff filed objections.
Pursuant to 28 U.S.C. § 636(b)(1)(C), the 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.

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Accordingly, it is HEREBY ORDERED that the Court adopts the findings and
recommendations filed on November 21, 2013, in full.

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IT IS SO ORDERED.
Dated: January 16, 2014
SENIOR DISTRICT JUDGE
DEAC_Signature-END:

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ciem0h3i

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