Asberry v. Biter

Filing 177

ORDER ADOPTING 175 FINDINGS AND RECOMMENDATIONS to DENY Plaintiff's 161 167 Motions for Reconsideration and Injunctive Relief signed by Chief Judge Lawrence J. O'Neill on 9/11/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,
v.
C. RELEVANTE, R. LOZOVOY, A.
FERRIS, and P. GODFREY,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
PLAINTIFF’S MOTIONS FOR
RECONSIDERATION AND INJUNCTIVE
RELIEF
ECF Nos. 161, 167

Defendants.

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Case No. 1:16-cv-01741-LJO-JDP

Plaintiff Tony Asberry, a state prisoner, proceeds without counsel in this civil rights action

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brought under 42 U.S.C. § 1983. The court has referred this matter to a magistrate judge under

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 23, 2019, the assigned magistrate judge issued findings and recommendations

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that the court deny plaintiff’s motions for reconsideration and injunctive relief. ECF No. 175.

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Petitioner has filed timely objections. ECF No. 176.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and proper analysis.

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Accordingly, IT IS ORDERED that:

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1.

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The findings and recommendations issued by the magistrate judge on August 23,
2019, ECF No. 175, are adopted in full;
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2.

Plaintiff’s motion for injunctive relief, ECF No. 161, is denied;

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3.

Plaintiff’s motion for reconsideration, ECF No. 167, is denied; and

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4.

The matter is referred back to the magistrate judge for further proceedings.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

September 11, 2019

UNITED STATES CHIEF DISTRICT JUDGE

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