Jackson v. Davis, et al.

Filing 16

ORDER ADOPTING 12 FINDINGS AND RECOMMENDATION and Denying Preliminary Injunctive Relief 2 , 8 , 10 , signed by District Judge Dale A. Drozd on 9/9/16. (Verduzco, M)

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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 GEORGE JACKSON, 12 No. 1:16-cv-00148-DAD-MJS Plaintiff, 13 v. 14 R. DAVIS, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DENYING PRELIMINARY INJUNCTIVE RELIEF Defendants. (Doc. Nos. 2, 8, 10) 16 Plaintiff George Jackson, a state prisoner proceeding pro se and in forma pauperis, filed 17 18 this civil rights action pursuant to 42 U.S.C. § 1983 on February 2, 2016. The matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 2, May 9, and June 9, 2016, plaintiff filed motions for preliminary relief, the 20 21 first in the form of a motion for a temporary restraining order and the latter two as motions for 22 preliminary injunction. (Doc. Nos. 2, 8, 10.) On July 7, 2016, the assigned magistrate judge 23 issued findings and recommendations recommending that the motions be denied without 24 prejudice. (Doc. No. 12.) Those findings and recommendations were served on plaintiff and 25 contained notice that any objections thereto were to be filed within thirty days. On August 15, 26 2016, plaintiff filed objections. (Doc. No. 12.) 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, including plaintiff’s 3 objections, the court finds that the findings and recommendations are supported by the record and 4 by proper analysis. 5 Given the foregoing: 6 1. The findings and recommendations, filed July 7, 2016 (Doc. No. 12), are adopted in 7 full; 2. Plaintiff’s motions seeking preliminary relief (Doc. Nos. 2, 8, 10) are denied without 8 9 prejudice; and 10 11 12 3. The matter is referred back to the magistrate judge for further proceedings. IT IS SO ORDERED. Dated: September 9, 2016 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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