Garza v. Toor et al

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS Regarding Plaintiff's Motion for Stay of Transfer Due to Pending Case 9 , 13 , signed by District Judge Anthony W. Ishii on 11/20/14: Plaintiff's Motion is DENIED. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE GARZA,

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Plaintiff,

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v.

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K. TOOR, et al.,

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Defendants.

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Case No.: 1:13-cv-01992-AWI-BAM (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS REGARDING
PLAINTIFF’S MOTION FOR STAY OF
TRANSFER DUE TO PENDING CASE
(ECF Nos. 9, 13)

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Plaintiff Enrique Garza (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on November 22,

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2013, and the matter was transferred to this Court on December 5, 2013. On July 14, 2014, Plaintiff

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filed a motion requesting an order staying any transfer of Plaintiff out of Valley State Prison pending

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resolution of this action. (ECF No. 9.)

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On October 7, 2014, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff’s motion for a stay of his transfer from Valley State Prison pending resolution of this action

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be denied. The Findings and Recommendations were served on Plaintiff and contained notice that any

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objections were to be filed within thirty (30) days. (ECF No. 13.) More than thirty days have passed

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and no objections have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de

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novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and

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recommendations to be supported by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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The Findings and Recommendations issued on October 7, 2014, are adopted in full; and

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2.

Plaintiff’s motion for a stay of his transfer from Valley State Prison pending resolution

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of this action, filed on July 14, 2014, is DENIED.

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IT IS SO ORDERED.

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Dated: November 20, 2014

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SENIOR DISTRICT JUDGE

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