Polk v. Lattimore et al

Filing 41

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 17 ; ORDER DENYING Plaintiff's Motion for Preliminary Injunctive Relief 11 , signed by District Judge Anthony W. Ishii on 3/14/14. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSAN MAE POLK,

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Plaintiff,
vs.
MARY LATTIMORE, et al.,
Defendants.

1:12-cv-01156-AWI-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 17.)
ORDER DENYING PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTIVE RELIEF
(Doc. 11.)

______________________________/

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Susan Mae Polk (APlaintiff@) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. ' 1983. 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 July 18, 2013, findings and recommendations were entered, recommending that

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Plaintiff’s motion for preliminary injunctive relief be denied. (Doc. 17.) On August 30, 2013,

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Plaintiff filed objections to the findings and recommendations. (Doc. 19.)

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this

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

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including Plaintiff’s objections, the Court finds the findings and recommendations to be

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supported by the record and proper analysis. Plaintiff’s motion for injunction was filed

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following her filing of a First Amended Complaint. The First Amended Complaint was based on
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conduct that occurred at CCWF, but Plaintiff is now in a different prison. Additionally, the First

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Amended Complaint has been dismissed. Thus, the motion for preliminary injunction is attached

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to a defunct pleading. Plaintiff’s objections are overruled.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations (Doc. No. 17) issued by the Magistrate
Judge on July 18, 2013, are ADOPTED IN FULL; and

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Plaintiff’s motion for preliminary injunctive relief, filed on December 13, 2012
(Doc. No. 11), is DENIED.

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IT IS SO ORDERED.

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Dated: March 14, 2014

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SENIOR DISTRICT JUDGE

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