Thomas v. Parks et al

Filing 23

ORDER Adopting 18 22 FINDINGS AND RECOMMENDATIONS to DENY Plaintiff's Motions for Injunctive Relief for Lack of Jurisdiction signed by Chief Judge Lawrence J. O'Neill on 8/18/2017. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 EDWARD THOMAS, Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S MOTIONS FOR INJUNCTIVE RELIEF FOR LACK OF JURISDICTION Defendants. 11 (Docs. 11, 18, 19, 22) v. 12 13 Case No. 1:16-cv-01393-LJO-SKO (PC) PARKS, et al., 14 15 Plaintiff, Edward Thomas, is a state prisoner proceeding pro se and in forma pauperis in 16 17 this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 6, 2017 and July 13, 2017, the Magistrate Judge issued Findings and 19 20 Recommendations to deny Plaintiff’s motions seeking injunctive relief for access to legal 21 materials, stationary, writing instruments, typewriters, and the like, which were served on 22 Plaintiff and contained notice that objections to the Findings and Recommendations were to be 23 filed within thirty days. (Docs. 18, 22.) Plaintiff did not file any objections. Local Rule 304(b), 24 (d). In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 25 26 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 27 Findings and Recommendations are supported by the record and proper analysis. 28 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that: 1. 3 4 The Findings and Recommendations, filed on June 6, 2017 (Doc. 18) and July 13, 2017 (Doc. 22), are adopted in full; and 2. 5 Plaintiff’s motions for preliminary injunctions, filed on November 28, 2016 (Doc. 11) and June 22, 2017 (Doc. 19), are denied for lack of jurisdiction. 6 7 8 9 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ August 18, 2017 UNITED STATES CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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