Gonzalez v. Razo et al

Filing 55

ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING AD MOOT 34 Plaintiff's Motion for a Preliminary Injunction signed by District Judge Dale A. Drozd on 5/15/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL ANTONIO GONZALEZ, 12 Plaintiff, 13 14 No. 1:15-cv-01098-DAD-EPG v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS J. RAZO et al., (Doc. Nos. 34, 42) 15 Defendants. 16 17 Plaintiff Manuel Gonzalez is a state prisoner proceeding this civil rights action filed 18 19 pursuant to 42 U.S.C. § 1983, and which also includes state law claims. The matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 3, 2017, plaintiff filed what the assigned magistrate judge construed as a 21 22 motion for a preliminary injunction. (Doc. No. 34.) Therein, plaintiff asked the court to 23 intervene in his pending prison transfer. (Id.) On February 22, 2017, the magistrate judge 24 entered findings and recommendations, recommending that plaintiff’s motion for a preliminary 25 injunction be denied as moot because plaintiff had by then been transferred to the prison he had 26 requested in his motion. (Doc No. 42.) Plaintiff was provided an opportunity to file objections to 27 the findings and recommendations within twenty-one days. (Id.) No objections were filed. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 court finds the findings and recommendations to be supported by the record and proper analysis. 4 Accordingly, 5 1. The February 22, 2017 findings and recommendations (Doc. No. 42) are adopted in 6 7 8 9 full; and 2. Plaintiff’s motion for a preliminary injunction (Doc. No. 34) is denied as moot. IT IS SO ORDERED. Dated: May 15, 2017 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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