Thompson v. Adams et al

Filing 55

ORDER Adopting 54 FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's 51 Motion for Preliminary Injunctive Relief for Lack of Jurisdiction signed by District Judge Anthony W. Ishii on 6/16/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEWAYNE THOMPSON,
Plaintiff,

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v.
T. ADAMS, et al.,
Defendants.

Case No. 1:13-cv-00655-AWI-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTIVE RELIEF FOR
LACK OR JURISDICTION
(Docs. 51, 54)

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_____________________________________/
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Plaintiff, DeWayne Thompson, a state prisoner proceeding pro se and in forma pauperis,

19 filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 6, 2013. The case was referred
20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On
21 April 26, 2016, the Magistrate Judge issued Findings and Recommendations to deny Plaintiff’s
22 motion for preliminary injunctive relief for lack or jurisdiction, which was served that same date
23 and allowed objections to be filed within thirty days. (Doc. 54.) Despite lapse of more than the
24 allowed time, neither side has filed any objections.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

26 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings
27 and Recommendations to be supported by the record and by proper analysis.
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Despite the absence of jurisdiction over Plaintiff’s request for injunctive relief, this Court

1 joins in the Magistrate Judge’s request that the litigation office facilitate Plaintiff’s access to his
2 legal property, writing materials, and the law library during the pendency of this action.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations, filed on April 26, 2016, is adopted in full;
and

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Plaintiff’s motion for preliminary injunctive relief, filed on November 3, 2015,
(Doc. 51), is DENIED for lack of jurisdiction.

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IT IS SO ORDERED.

10 Dated: June 16, 2016

SENIOR DISTRICT JUDGE

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