Porter v. Jennings et al

Filing 97

ORDER signed by Senior Judge Anthony W. Ishii on 11/2/2012 adopting 87 and 88 FINDINGS AND RECOMMENDATIONS and denying 57 , 60 and 72 Motions.(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,

CASE NO. 1:10-cv-01811-AWI-DLB PC

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTIONS

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v.
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CAPTAIN JENNINGS, et al.,

ECF Nos. 87, 88

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Defendants.
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/
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Plaintiff Samuel Kenneth Porter (“Plaintiff”) is a California state prisoner proceeding pro se
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in this civil rights action pursuant to 42 U.S.C. § 1983. On April 27, 2012, June 1, 2012, and July
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18, 2012, Plaintiff filed several motions with the Court. ECF Nos. 57, 60, 72. The motions were
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construed as motions for preliminary injunction. The matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On September 21, 2012, the Magistrate Judge filed a Findings and Recommendations which
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was served on the parties and which contained notice to the parties that any objection to the Findings
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and Recommendations was to be filed within fourteen days. ECF No. 88. Plaintiff filed an
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Objection to the Findings and Recommendations on October 1, 2012. ECF No. 94.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de
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novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and
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Recommendations to be 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 September 21, 2012, is adopted in full;

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and
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2.

Plaintiff’s motions, filed April 27, 2012, June 1, 2012, and July 18, 2012, are denied.

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IT IS SO ORDERED.
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Dated:
0m8i78

November 2, 2012
UNITED STATES DISTRICT JUDGE
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