Herrera v. Rouch

Filing 39

ORDER Adopting 29 FINDINGS AND RECOMMENDATIONS and DENYING Plaintiff's 21 25 Motions for Preliminary Injunctive Relief signed by District Judge Lawrence J. O'Neill on 2/13/2014. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 ROBERTO HERRERA, 13 Case No. 1:13-cv-00289-LJO-MJS (PC) Plaintiff, 14 v. 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTIONS FOR PRELIMINARY INJUNCTIVE RELIEF ROUCH, ECF Nos. 21, 25, and 29 16 Defendant. 17 18 Plaintiff Roberto Herrera, a state prisoner proceeding pro se and in forma pauperis, filed 19 this civil rights action pursuant to 42 U.S.C. § 1983 on February 27, 2013. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 21 Rule 302. 22 On December 16, 2013, the Magistrate Judge issued a findings and recommendations 23 recommending that Plaintiff’s motions for preliminary injunctive relief be denied, without 24 prejudice. (ECF No. 29.) Plaintiff filed objections on January 6, 2014. (ECF No. 35.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the Findings and Recommendations to be supported by the record and by proper 28 1 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. and 4 5 6 7 8 The Findings and Recommendations, filed December 16, 2013, are adopted in full 2. Plaintiff’s motions for preliminary injunctive relief (ECF Nos. 21 and 25) are DENIED, without prejudice. IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill February 13, 2014 UNITED STATES DISTRICT JUDGE 9 3. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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