Baston v. Yett, et al.

Filing 49

ORDER ADOPTING 41 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 32 Plaintiff's Motion to Bar Transfer signed by Chief Judge Lawrence J. O'Neill on 2/7/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELGAN BASTON,

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Plaintiff,
v.
EDWARD M. YETT, et al.,

Case No. 1:16-cv-01564-LJO-EPG
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
THAT PLAINTIFF’S MOTION TO BAR
TRANSFER BE DENIED
(ECF Nos. 32, 41)

Defendants.

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Elgan Baston (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On January 18, 2018, the assigned magistrate judge entered findings and
recommendations, recommending that Plaintiff’s motion to bar Plaintiff’s prison transfer to
Tehachapi State Prison be denied. (ECF No. 31.) The findings and recommendations were
served on the parties and contained notice that objections thereto were to be filed within
fourteen days. Defendants did not file objections, and Plaintiff filed a notice indicating that he
objected to the underlying decision not to prevent his transfer, (ECF No. 44).
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted
a de novo review of the matter. Having carefully reviewed the entire file, the court finds that
the findings and recommendations are supported by the record and proper analysis.
Accordingly, it is hereby ordered that:
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are adopted in full;

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The findings and recommendations entered on January 18, 2018 (ECF No. 41)

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Plaintiff’s motion to bar transfer (ECF No. 32) is denied; and

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

February 7, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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