Villery v. California Department of Corrections, et al.

Filing 84

ORDER ADOPTING 58 Findings and Recommendations to Deny Plaintiff's 57 Emergency Motion Under the All Writs Act, signed by District Judge Dale A. Drozd on 4/23/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARED M. VILLERY,

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Plaintiff,

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No. 1:15-cv-00987-DAD-BAM

v.
JEFFREY BEARD, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S EMERGENCY MOTION
UNDER THE ALL WRITS ACT

Defendant.

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(Doc. Nos. 57, 58)

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Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 24, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that plaintiff’s emergency motion for an extraordinary writ under the All Writs

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Act, 28 U.S.C. § 1651, seeking to prevent his transfer to a different institution of confinement, be

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denied. (Doc. No. 58.) Plaintiff was directed to file any objections to the findings and

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recommendations within fourteen days. No objections were filed within the time permitted.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the

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court has conducted a de novo review of plaintiff’s request. Having carefully reviewed the entire

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file, the court finds the findings and recommendations to be supported by the record and proper

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analysis.

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Accordingly:

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1. The findings and recommendations issued on January 24, 2018 (Doc. No. 58) are

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adopted in full; and
2. Plaintiff’s emergency motion for an extraordinary writ under the All Writs Act, 28

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U.S.C. § 1651 (Doc. No. 57) is denied.
IT IS SO ORDERED.
Dated:

April 23, 2018
UNITED STATES DISTRICT JUDGE

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