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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL ANTONIO GONZALEZ, 12 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, 13 v. 14 J. RAZO, et al., 15 Defendants. 16 17 ORDER DIRECTING CLERK OF COURT TO SEND PLAINTIFF A COPY OF FINDINGS AND RECOMMENDATIONS OBJECTIONS, IF ANY, DUE WITHIN TWENTY-ONE DAYS 18 19 20 21 22 23 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 24 injunction (“the Motion”). (ECF No. 34). 25 hardship transfer because his father is dying. The I.C.C. committee approved a hardship transfer 26 to R.J. Donovan (Plaintiff’s first choice), C.S.P. Los Angeles, or Calipatria State Prison. 27 However, the C.S.R., D. Hicinbothon, processed a transfer to High Desert State Prison, where 28 Plaintiff would never see his dying father again. Plaintiff believes that this transfer is being done According to the Motion, Plaintiff requested a 1 1 in retaliation for his ongoing civil case. Plaintiff requests that the Court stop the transfer to High 2 Desert State Prison, and order that Plaintiff instead be transferred to R.J. Donovan, C.S.P. Los 3 Angeles, or Calipatria State Prison. 4 The Court will recommend that Plaintiff’s motion be denied as moot. A recent filing by 5 Plaintiff (ECF No. 41) indicates that Plaintiff was transferred to R.J. Donovan (his first choice), 6 not High Desert State Prison. 7 8 Accordingly, based on the foregoing, IT IS HEREBY RECOMMENDED that the Motion be DENIED as moot. 9 These Findings and Recommendations will be submitted to the United States District Court 10 Judge assigned to this action pursuant to the provisions of 28 U.S.C. § 636 (b)(1). Within 11 twenty-one (21) days after being served with a copy of these Findings and Recommendations, 12 any party may file written objections with the court and serve a copy on all parties. Such a 13 document 14 Recommendations.” Any reply to the objections shall be served and filed within ten (10) days 15 after service of the objections. The parties are advised that failure to file objections within the 16 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 17 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 18 19 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. 20 21 22 and IT IS SO ORDERED. Dated: February 21, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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