Lear v. Biter et al

Filing 65

ORDER ADOPTING 53 Findings and Recommendations and DENYING 52 Motion for Court Order, signed by District Judge Dale A. Drozd on 5/14/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,

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Plaintiff,

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No. 1:15-cv-01903-DAD-MJS

v.
MARTIN BITER, et al.,

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTION FOR COURT ORDER

Defendants.
(Doc. Nos. 52, 53)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action brought pursuant to 42 U.S.C. § 1983. The 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 of the United States

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District Court for the Eastern District of California.
On March 12, 2018, the assigned magistrate judge issued findings and recommendations

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recommending that plaintiff’s motion for a court order requiring officials at Pelican Bay State

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Prison to forward to plaintiff his materials and legal property, construed as a motion for injunctive

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relief, be denied. (Doc. No. 53.) The findings and recommendation were served on plaintiff with

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notice that any objections thereto were to be filed within fourteen days. Plaintiff filed no

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objection and the time for doing so has passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a

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de novo review of this case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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For these reasons:

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1.

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The findings and recommendations filed March 12, 2018 (Doc. 53) are adopted in
full; and

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Plaintiff’s motion (Doc. 52) is denied.

IT IS SO ORDERED.
Dated:

May 14, 2018
UNITED STATES DISTRICT JUDGE

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