Willard v. Neibert et al

Filing 13

ORDER ADOPTING 10 FINDINGS AND RECOMMENDATIONS and ORDER DENYING 3 Plaintiff's Motion for Temporary Restraining Order signed by District Judge Anthony W. Ishii on 3/11/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA A. WILLARD,

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Plaintiff,
v.
J. NEIBERT, et al.,
Defendants.

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Case No.: 1:14-cv-01951-AWI-SAB (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATION, DENYING PLAINTIFF’S
MOTION FOR TEMPORARY RESTRAINING
ORDER
[ECF Nos. 3, 10]

Plaintiff Joshua A. Willard is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On February 20, 2015, the Magistrate Judge issued Findings and Recommendations

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recommending denial Plaintiff’s motion for a temporary restraining order. (ECF No. 10.) The

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Findings and Recommendations were served on Plaintiff and contained notice that objections were to

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be filed within thirty days. Plaintiff filed objections on March 4, 2015.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the 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. In his objections, to the

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extent Plaintiff complains of verbal threats by a certain defendant that is insufficient not sufficient to

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state a cognizable section 1983 claim. Mere verbal harassment or abuse does not violate the

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Constitution and, thus, does not give rise to a claim for relief under 42 U.S.C. § 1983. Oltarzewski v.
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Ruggiero, 830 F.3d 136, 139 (9th Cir. 1987). Threats do not rise to the level of a constitutional

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violation. Gaut v. Sunn, 810 F.2d 923, 925 (9th Cir. 1987).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The Findings and Recommendations, filed on February 20, 2015, is adopted in full; and

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2.

Plaintiff’s motion for a temporary restraining order is DENIED.

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IT IS SO ORDERED.

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Dated: March 11, 2015

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SENIOR DISTRICT JUDGE

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