Warner v. Cate et al

Filing 54

ORDER ADOPTING 52 FINDINGS AND RECOMMENDATIONS to Deny Plaintiff's 46 Motion for a Temporary Restraining Order signed by District Judge Lawrence J. O'Neill on 03/03/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:12-cv-1146-LJO-MJS (PC)

EARL WARNER
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTION FOR A
TEMPORARY RESTRAINING ORDER

Plaintiff,
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v.
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MATTHEW CATE, et al.,

(ECF Nos. 46 and 52)

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Defendants.

CASE TO REMAIN OPEN

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 10). This action

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proceeds on Plaintiff’s Eighth Amendment failure to protect claim. (ECF No. 10). The

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matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern

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District of California.

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On

February

9,

2015,

the

Magistrate

Judge

issued

Findings

and

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Recommendations to deny Plaintiff’s motion for a temporary restraining order. (ECF No.

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46). Neither party filed objections, and the time for doing so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and by

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proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1. The Court adopts the Findings and Recommendations (ECF No. 52), filed

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February 9, 2015, in full; and
2. Plaintiff’s motion for a temporary restraining order (ECF No. 46), filed

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September 22, 2014, is DENIED.
IT IS SO ORDERED.

/s/ Lawrence J. O’Neill

March 3, 2015

Dated:

UNITED STATES DISTRICT JUDGE
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