Brooks v. Tate
Filing
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ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 15 Motion for TRO and 15 Motion for Preliminary Injunction, signed by District Judge Anthony W. Ishii on 03/12/14. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RODNEY BROOKS,
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CASE NO. 1:11-cv-01503-AWI-DLB PC
Plaintiff,
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v.
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HAROLD TATE,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF=S MOTION FOR
PRELIMINARY INJUNCTION
ECF Nos. 15, 37
Defendant.
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Plaintiff Rodney Brooks is a California state prisoner proceeding pro se in this civil rights
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action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Harold Tate for
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retaliation in violation of the First Amendment and deliberate indifference to a serious medical
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need in violation of the Eighth Amendment. On August 9, 2012, Plaintiff filed a motion for
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preliminary injunction. ECF No. 15. The matter was referred to a United States Magistrate Judge
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pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.
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On February 15, 2013, 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
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Findings and Recommendations was to be filed within fourteen days. ECF No. 37. Plaintiff filed
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an Objection to the Findings and Recommendations on April 8, 2013. ECF No. 49.
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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
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and 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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The Findings and Recommendations, filed February 15, 2013, is adopted in full;
and
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Plaintiff’s motion for temporary restraining order and preliminary injunction, filed
August 9, 2012, (Doc. No. 15) is denied.
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IT IS SO ORDERED.
Dated: March 12, 2014
SENIOR DISTRICT JUDGE
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