Gonzalez v. Razo et al
FINDINGS and RECOMMENDATIONS, Recommending That Plaintiff's Motion for a Preliminary Injunction be Denied as Moot 34 ; ORDER DIRECTING Clerk of Court to Send Plaintiff a Copy of Findings and Recommendations, signed by Magistrate Judge Erica P. Grosjean on 2/21/17. Objections to F&R Due Within Twenty-One Days. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MANUEL ANTONIO GONZALEZ,
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR A PRELIMINARY
INJUNCTION BE DENIED AS MOOT
(ECF NO. 34)
J. RAZO, et al.,
ORDER DIRECTING CLERK OF COURT TO
SEND PLAINTIFF A COPY OF FINDINGS
OBJECTIONS, IF ANY, DUE WITHIN
Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this civil
rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims.
On January 3, 2017, Plaintiff filed what the Court construes as a motion for a preliminary
injunction (“the Motion”).
(ECF No. 34).
hardship transfer because his father is dying. The I.C.C. committee approved a hardship transfer
to R.J. Donovan (Plaintiff’s first choice), C.S.P. Los Angeles, or Calipatria State Prison.
However, the C.S.R., D. Hicinbothon, processed a transfer to High Desert State Prison, where
Plaintiff would never see his dying father again. Plaintiff believes that this transfer is being done
According to the Motion, Plaintiff requested a
in retaliation for his ongoing civil case. Plaintiff requests that the Court stop the transfer to High
Desert State Prison, and order that Plaintiff instead be transferred to R.J. Donovan, C.S.P. Los
Angeles, or Calipatria State Prison.
The Court will recommend that Plaintiff’s motion be denied as moot. A recent filing by
Plaintiff (ECF No. 41) indicates that Plaintiff was transferred to R.J. Donovan (his first choice),
not High Desert State Prison.
Accordingly, based on the foregoing, IT IS HEREBY RECOMMENDED that the
Motion be DENIED as moot.
These Findings and Recommendations will be submitted to the United States District Court
Judge assigned to this action pursuant to the provisions of 28 U.S.C. § 636 (b)(1). Within
twenty-one (21) days after being served with a copy of these Findings and Recommendations,
any party may file written objections with the court and serve a copy on all parties. Such a
Recommendations.” Any reply to the objections shall be served and filed within ten (10) days
after service of the objections. The parties are advised that failure to file objections within the
specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,
839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
Additionally, IT IS ORDERED that the Clerk of Court is directed to send Plaintiff a copy
of these findings and recommendations.
IT IS SO ORDERED.
February 21, 2017
UNITED STATES MAGISTRATE JUDGE
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?