Puckett v. Vogel et al
Filing
126
ORDER Adopting 125 Findings and Recommendations to Deny Plaintiff's Motions for Temporary Restraining Order re 81 , 107 , 114 , signed by District Judge Anthony W. Ishii on 9/21/16. (Gonzalez, R)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
10
11
12
13
1:13-cv-00525-AWI-SKO (PC)
DURRELL ANTHONY PUCKETT,
Plaintiff,
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTIONS FOR
TEMPORARY RESTRAINING ORDERS
v.
VOGEL, et al.,
Defendants.
(Docs. 81, 107, 114, 125)
14
15
16
Plaintiff, Durrell Anthony Puckett, is a state prisoner proceeding pro se and in forma
17
pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a
18
United States Magistrate Judge pursuant to 28 U.S.C. ' 636(b)(1)(B) and Local Rule 302.
19
Plaintiff is proceeding in this action on claims against Defendants Sanchez, Vogel, and Johnson
20
21
22
23
24
25
26
27
28
for retaliation in violation of the First Amendment; against Defendants Sanchez, Vogel, Johnson,
Dean, Bolander, Abadia, Lockhart, Zamora, Sisneros, Campos, and Callow for excessive force in
violation of the Eighth Amendment; and against Defendants Sanchez, Vogel, and Johnson for
violation of the Equal Protection Clause of the Fourteenth Amendment.
Plaintiff filed motions seeking temporary restraining orders and transfer from CSPCorcoran to CSP-Sacramento. (Docs. 81, 107, 114.) On September 2, 2016, the Magistrate
Judge issued a Findings and Recommendations to deny both motions. (Doc. 125.) The Findings
and Recommendations was served on that same date and provided thirty days for the parties to
1
1
file objections. (Id.) Despite lapse of more than the allowed time, no objections were filed.1
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a
2
3
de novo review of this case. Having carefully reviewed the entire file, the Court finds the
4
Findings and Recommendations to be supported by the record and by proper analysis.
5
Accordingly, IT IS HEREBY ORDERED that:
6
1. The Findings and Recommendations, issued on September 2, 2016 (Doc. 125), is
adopted in full; and
7
2. Plaintiff’s motions for temporary restraining orders, filed on December 28, 2015 (Doc.
8
81), April 21, 2016 (Doc. 107), and May 16, 2016 (Doc. 114) are DENIED.
9
10
IT IS SO ORDERED.
11
12
Dated: September 21, 2016
SENIOR DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
It is noted that, since issuance of the Findings and Recommendations, Plaintiff has been moved to CSP-Sacramento.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?