Balzarini v. Lewis et al

Filing 55

ORDER Adopting 49 FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's 41 Request for Preliminary Injunction signed by District Judge Lawrence J. O'Neill on 6/10/2015. (Sant Agata, S)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 ST. MICHAEL BALZARINI, 10 Plaintiff, 11 12 v. KYLE LEWIS, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) 1:13-cv-00820-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTION (ECF Nos. 41, 49) 15 16 Plaintiff St. Michael Balzarini (“Plaintiff”) is a state prisoner proceeding pro se in this 17 civil rights action filed pursuant to 42 U.S.C. § 1983. On May 12, 2015, the Magistrate Judge 18 issued Findings and Recommendations that Plaintiff’s request for a preliminary injunction, filed 19 on November 13, 2014, be denied for lack of jurisdiction. The Findings and Recommendations 20 were served on the parties and contained notice that any objections were to be filed within 21 fourteen (14) days after service. More than fourteen days have passed and no timely objections 22 have been filed. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 24 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 25 Findings and Recommendations to be supported by the record and by proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendations, issued on May 12, 2015, are adopted in full; and 1 1 2. Plaintiff’s request for a preliminary injunction, filed on November 13, 2014, is 2 denied for lack of jurisdiction. 3 IT IS SO ORDERED. 4 Dated: /s/ Lawrence J. O’Neill June 10, 2015 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?