Gonzalez v. Razo et al

Filing 42

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ,
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1:15-cv-01098-DAD-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
MOTION FOR A PRELIMINARY
INJUNCTION BE DENIED AS MOOT
(ECF NO. 34)

Plaintiff,
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v.
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J. RAZO, et al.,
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Defendants.
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ORDER DIRECTING CLERK OF COURT TO
SEND PLAINTIFF A COPY OF FINDINGS
AND RECOMMENDATIONS
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY-ONE DAYS

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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

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injunction (“the Motion”).

(ECF No. 34).

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hardship transfer because his father is dying. The I.C.C. committee approved a hardship transfer

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to R.J. Donovan (Plaintiff’s first choice), C.S.P. Los Angeles, or Calipatria State Prison.

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However, the C.S.R., D. Hicinbothon, processed a transfer to High Desert State Prison, where

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Plaintiff would never see his dying father again. Plaintiff believes that this transfer is being done

According to the Motion, Plaintiff requested a

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in retaliation for his ongoing civil case. Plaintiff requests that the Court stop the transfer to High

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Desert State Prison, and order that Plaintiff instead be transferred to R.J. Donovan, C.S.P. Los

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Angeles, or Calipatria State Prison.

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The Court will recommend that Plaintiff’s motion be denied as moot. A recent filing by

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Plaintiff (ECF No. 41) indicates that Plaintiff was transferred to R.J. Donovan (his first choice),

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not High Desert State Prison.

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Accordingly, based on the foregoing, IT IS HEREBY RECOMMENDED that the
Motion be DENIED as moot.

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These Findings and Recommendations will be submitted to the United States District Court

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Judge assigned to this action pursuant to the provisions of 28 U.S.C. § 636 (b)(1). Within

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twenty-one (21) days after being served with a copy of these Findings and Recommendations,

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any party may file written objections with the court and serve a copy on all parties. Such a

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document

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Recommendations.” Any reply to the objections shall be served and filed within ten (10) days

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after service of the objections. The parties are advised that failure to file objections within the

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specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834,

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839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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should

be

captioned

“Objections

to

Magistrate

Judge’s

Findings

Additionally, IT IS ORDERED that the Clerk of Court is directed to send Plaintiff a copy
of these findings and recommendations.

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and

IT IS SO ORDERED.
Dated:

February 21, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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