Thomas v. Davey et al

Filing 35

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS Regarding Plaintiff's 21 30 Motions for Preliminary Injunction and Restraining Order signed by Magistrate Judge Erica P. Grosjean on 08/02/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD THOMAS, 12 13 14 15 Plaintiff, v. DAVE DAVEY, et al., Defendants. 16 17 18 19 20 21 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00925-AW-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING PLAINTIFF’S MOTIONS FOR PRELIMINARY INJUNCTION AND RESTRAINING ORDER (ECF Nos. 21, 30) Plaintiff Edward Thomas (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, initiated this civil rights action pursuant to 42 U.S.C. § 1983 on June 27, 2016. On June 23, 2017, the Magistrate Judge issued Findings and Recommendations to deny 22 Plaintiff’s motions for preliminary injunction and restraining order. 23 Recommendations were served on Plaintiff, and contained notice that any objections were to be filed 24 within fourteen (14) days after service. (ECF No. 34 at pp. 3-4). More than fourteen days have passed 25 and no objections have been filed. The Findings and 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and 28 recommendations to be supported by the record and by proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations issued on June 23, 2017, are adopted in full; 3 2. Plaintiff’s motions for preliminary injunction and restraining order, filed on March 1 and May 8, 2017 (Doc. Nos. 21, 30), are DENIED; and 4 5 6 3. This matter is referred back to the Magistrate Judge for further proceedings consistent with this order. 7 8 IT IS SO ORDERED. 9 Dated: August 2, 2017 10 SENIOR DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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