Andersen v. Montes et al

Filing 14

ORDER Adopting 13 FINDINGS AND RECOMMENDATIONS, and DENYING Plaintiff's 9 Motion for Preliminary Injunction and 10 Motion for an Order to Show Cause signed by District Judge Dale A. Drozd on 1/30/2017. (Sant Agata, S)

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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 ANDREW S. ANDERSEN, 12 Plaintiff, 13 14 v. MARISELA MONTES et al., 15 Defendants. 16 No. 1:16-cv-00236-DAD-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND MOTION FOR AN ORDER TO SHOW CAUSE (Doc. Nos. 9, 10, 13) 17 18 19 20 Plaintiff Andrew S. Andersen is appearing pro se and in forma pauperis in this civil rights 21 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 22 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 13, 2016, the assigned magistrate judge issued findings and 23 24 recommendations, recommending that plaintiff’s requests for injunctive relief be denied. (Doc. 25 No. 13.) The findings and recommendations were served on plaintiff and contained notice that 26 objections thereto were to be filed within thirty days. Over thirty days have passed, and no 27 objections have been filed. 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, the court finds the findings 3 and recommendation to be supported by the record and by proper analysis. 4 Accordingly, 5 1. The December 13, 2016 findings and recommendations (Doc. No. 13) are adopted in 6 7 full; and 2. Plaintiff’s motion for a preliminary injunction (Doc. No. 9) and motion for an order to 8 show cause why a preliminary injunction should not be issued (Doc. No. 10) are 9 denied without prejudice as premature. 10 11 IT IS SO ORDERED. Dated: January 30, 2017 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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