Velez, Jr. v. Lewis et al

Filing 16

ORDER ADOPTING 12 13 FINDINGS AND RECOMMENDATIONS, and Denying 8 10 Motions for Preliminary Injunction and Default Judgment signed by District Judge Dale A. Drozd on 09/26/2017. (Flores, E)

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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 ROBERT VELEZ, JR., 12 No. 1:17-cv-00026-DAD-SKO Plaintiff, 13 v. 14 J. LEWIS, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING MOTIONS FOR PRELIMINARY INJUNCTION AND DEFAULT JUDGMENT Defendants. (Doc. Nos. 8, 10, 12, 13) 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 17 18 action brought pursuant to 42 U.S.C. § 1983. The matter was referred to the assigned magistrate 19 judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District 20 Court for the Eastern District of California. On May 17, 2017, the assigned magistrate judge issued two findings and 21 22 recommendations, the first recommending denial of plaintiff’s motion for injunctive relief (Doc. 23 No. 12) and the second recommending denial of plaintiff’s motion for default judgment (Doc. No. 24 13). Plaintiff’s objections to both findings and recommendations were due within thirty days. 25 Plaintiff did not file objections to the findings and recommendations and the time to do so has 26 passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has 2 conducted a de novo review of this case. Having carefully reviewed the entire file, the 3 undersigned concludes both findings and recommendations are supported by the record and by 4 proper analysis. 5 6 7 8 9 10 11 12 For these reasons: 1. Both findings and recommendations issued on May 17, 2017 (Doc. Nos. 12, 13) are adopted in full; and 2. Plaintiff’s motion for injunctive relief (Doc. No. 8) and motion for default judgment (Doc. No. 10) are denied; and 3. The matter is referred back to the magistrate judge for further proceedings. IT IS SO ORDERED. Dated: September 26, 2017 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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