Shehee v. Nguyen et al

Filing 56

ORDER ADOPTING 53 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 44 & 45 Plaintiff's Motions for Copy Service signed by Chief Judge Lawrence J. O'Neill on 2/2/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 Case No.: 1:14-cv-01154-LJO-MJS (PC) GREGORY ELL SHEHEE, 12 Plaintiff, 13 v. 14 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTIONS FOR COPY SERVICE NGUYEN, et al., 15 (ECF No. 53) Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The case proceeds on Plaintiff’s third amended complaint against Defendants Audrey Long, April Leavens, Long Moua, and Kim Nguyen for denying Plaintiff a cane and access to educational services in violation of the Americans with Disabilities Act (“ADA”) and the Eighth Amendment of the United States Constitution. (ECF No. 34.) On December 27, 2016, the Magistrate Judge issued findings and recommendations (ECF No. 53) to deny Plaintiff’s motions for an order directing access to copy-making facilities. (ECF Nos. 44 & 45), construed as motions for injunctive relief. The Magistrate Judge granted Plaintiff fourteen days to file his objections. To date, no objections have been filed, and the time in which to do so has passed. 1 1 Therefore, in accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and 2 Local Rule 304, the Court has conducted a de novo review of this case. Having carefully 3 reviewed the entire file, the Court finds the findings and recommendations to be 4 supported by the record and by proper analysis. 5 Accordingly, it is HEREBY ORDERED that: 6 1. The Court adopts the findings and recommendations filed on December 7 27, 2016 (ECF No. 53) in full; 2. Plaintiff’s motions for an order directing access to the law library (ECF Nos. 8 9 44 & 45) are DENIED. 10 11 12 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ February 2, 2017 UNITED STATES CHIEF DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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