Freeman v. Martin et al

Filing 31

ORDER Adopting 29 Findings and Recommendations; ORDER Denying Plaintiff's 28 Motion for Preliminary Injunctive Relief, for Lack of Jurisdiction, signed by Chief Judge Lawrence J. O'Neill on 5/12/17. (Gonzalez, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEMETRIUS TERRELL FREEMAN, 12 Plaintiff, 13 14 vs. A. MARTIN, et al., 15 Defendants. 16 1:14-cv-00575-LJO-GSA-PC ORDER ADOPTING FINDINGS RECOMMENDATIONS (ECF No. 29.) ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF, FOR LACK OF JURISDICTION (ECF No. 28.) 17 18 19 I. BACKGROUND 20 Demetrius Terrell Freeman (“Plaintiff”), is a federal prisoner proceeding pro se with 21 this action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). The matter was 22 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 23 Rule 302. 24 On April 13, 2017, findings and recommendations were entered, recommending that 25 Plaintiff’s motion for preliminary injunctive relief be denied for lack of jurisdiction. (ECF No. 26 29.) 27 recommendations. (Id.) The fourteen-day time period has expired, and Plaintiff has not filed 28 objections or otherwise responded to the findings and recommendations. Plaintiff was granted fourteen days in which to file objections to the findings and 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 8 The findings and recommendations issued by the Magistrate Judge on April 13, 2017, are ADOPTED IN FULL; and 2. 9 Plaintiff’s motion for preliminary injunctive relief, filed on April 10, 2017, is DENIED, for lack of jurisdiction. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ May 12, 2017 UNITED STATES CHIEF DISTRICT JUDGE 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?