Murillo v. Holland et al

Filing 74

ORDER ADOPTING FINDINGS AND RECOMMENDATION in FULL and DENYING Plaintiff's Motions for Injunctive Relief 63 , 67 , 73 , signed by Chief Judge Lawrence J. O'Neill on 12/18/2017. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOAQUIN MURILLO,
Plaintiff,

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v.

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Case No. 1:15-cv-00266-LJO-JLT (PC)

HOLLAND, et al.,
Defendants.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATION IN FULL AND
DENYING PLAINTIFF’S MOTIONS FOR
INJUNCTIVE RELIEF
(Docs. 63, 67, 73)

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Plaintiff, Joaquin Murillo, is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action under 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 November 16, 2017, the Magistrate Judge filed Findings and Recommendations which

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were served on the parties and contained notice that objections were to be filed within twenty-one
days. Neither side filed any objections. Local Rule 304(b), (d).
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the Court finds the
Findings and Recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:

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adopted in full; and

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The Findings and Recommendations, filed on November 16, 2017 (Doc. 73), is

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Plaintiff’s motions for injunctive relief, filed on July 11, 2017 and August 17,

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2017 (Docs. 63, 67) requesting access to his legal files and to prohibit his housing

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in KVSP’s Ad-Seg, are DENIED for lack of jurisdiction over “Kern Valley Staff”

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and lack of standing since Plaintiff is no longer housed at the facility where the

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allegations he proceeds on occurred.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

December 18, 2017

UNITED STATES CHIEF DISTRICT JUDGE
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