Armstrong v. Spearman, et al.

Filing 50

ORDER Adopting FINDINGS AND RECOMMENDATIONS, Denying Plaintiff's Motion For Reconsideration And/Or Preliminary Injunction (ECF Nos. 45 , 46 ), signed by District Judge Anthony W. Ishii on 9/4/2014. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRADY K. ARMSTRONG, 12 Plaintiff, 13 14 v. M.E. SPEARMAN, et al., 15 Defendants. 16 Case No.: 1:13-cv-00246-AWI-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION AND/OR PRELIMINARY INJUNCTION [ECF Nos. 45, 46] Plaintiff Brady K. Armstrong is appearing pro se and in forma pauperis in this civil rights 17 18 ) ) ) ) ) ) ) ) ) ) action pursuant to 42 U.S.C. § 1983. 19 On June 16, 2014, Plaintiff filed a motion for reconsideration of the Court’s May 9, 2014, 20 order denying his request for an extension of time as unnecessary. Plaintiff contends that prison 21 officials have withheld his legal property after he paroled from prison on April 18, 2014. Plaintiff 22 seeks a court order directing the return of his legal property. 23 The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 24 636(b)(1)(B) and Local Rule 302. On June 30, 2014, the Magistrate Judge filed a Findings and 25 Recommendation which was served on the parties and which contained notice to the parties that 26 Objections to the Findings and Recommendation were to be filed within twenty days. No Objections 27 were filed. 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de 2 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 3 Recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed on June 30, 2014, is adopted in full; and 6 2. Plaintiff’s motion for reconsideration and/or request for a preliminary injunction is 7 DENIED. 8 9 10 11 IT IS SO ORDERED. Dated: September 4, 2014 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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