Sessing v. Beard, et al.

Filing 79

ORDER adopting 63 Findings and Recommendations and denying 59 Motion for Preliminary Injunction signed by Chief Judge Lawrence J. O'Neill on 9/15/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHAN SESSING,

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Plaintiff,
v.

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STU SHERMAN, et al.,
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Defendants.

CASE NO. 1:13-cv-01684-LJO-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTION FOR A
TEMPORARY RESTRAINING ORDER
(ECF No. 63)

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Plaintiff is a prisoner proceeding pro se in this civil rights action brought pursuant
to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On July 18, 2016, the Magistrate Judge issued findings and recommendations
(ECF No. 63) to deny Plaintiff’s June 29, 2016 motion for a preliminary injunction. (ECF
No. 59.) The Magistrate Judge imposed a fourteen day objection deadline. (ECF No.
63.) On August 1, 2016, Plaintiff filed a motion requesting a fourteen day extension of
time to file his objections. (ECF No. 68.) On August 3, 2016, the Magistrate Judge
granted Plaintiff’s request. (ECF No. 69.) Plaintiff’s objections were filed on September

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12, 2016. (ECF No. 77.) He has provided no explanation for their untimeliness. No other

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parties have filed an objection.

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The Court has considered Plaintiff’s objections and finds they lack merit. In

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accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

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Court has conducted a de novo review of this case. Having carefully reviewed the entire

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file, the Court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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1. The Court adopts the findings and recommendations filed on July 18, 2016

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(ECF No. 63) in full; and
2. Plaintiff’s motion for a preliminary injunction (ECF No. 59) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 15, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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