Quiroga v. Graves et al

Filing 64

ORDER ADOPTING 61 Findings and Recommendations and DENYING 60 Plaintiff's Motion for Preliminary Injunctive Relief, signed by District Judge Dale A. Drozd on 7/1/19. (Marrujo, C)

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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 MONICO J. QUIROGA III, 12 Plaintiff, 13 v. 14 SERGEANT GRAVES, et al., 15 No. 1:16-cv-00234-DAD-GSA (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF Defendant. 16 (Doc. No. 61) 17 18 Plaintiff Monico J. Quiroga III is a prisoner proceeding pro se and in forma pauperis with 19 this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 22, 2019, the assigned magistrate judge issued findings and recommendations, 22 recommending that plaintiff’s April 19, 2019 motion (Doc. No. 60)—which the magistrate judge 23 construed as a motion for preliminary injunctive relief—be denied because: (1) to the extent that 24 plaintiff seeks injunctive relief against prison officials at High Desert State Prison, the court lacks 25 jurisdiction over those officials as they are not named as defendants in the present action; and (2) 26 to the extent that plaintiff’s motion seeks injunctive relief against prison officials at Kern County 27 Sheriff’s Detention Facility—some of whom were named as defendants in this action—the court 28 must deny plaintiff’s motion because he is no longer housed at that jail facility. (Doc. No. 61.) 1 1 The findings and recommendations were served on plaintiff and contained notice that any 2 objections thereto were to be filed within fourteen (14) days after service. (Id. at 3.) To date, 3 plaintiff has not filed any objections, and the time to do so has since passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has 5 conducted a de novo review of this case. Having carefully reviewed the entire file, the 6 undersigned concludes that the findings and recommendations are supported by the record and 7 proper analysis. 8 Accordingly, 9 1. 10 11 12 13 14 The findings and recommendations issued on April 22, 2019 (Doc. No. 61) are adopted in full; and 2. Plaintiff’s motion for preliminary injunctive relief (Doc. No. 60) is denied. IT IS SO ORDERED. Dated: July 1, 2019 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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