Lear v. Manasrah
ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 7 Motion for TRO and Motion for Preliminary Injunction; ORDER DENYING 8 Motion ;ORDER DENYING AS MOOT 12 REQUEST that Court Transfer His Request for Restraining Order to Sacramento Division, signed by District Judge Dale A. Drozd on 05/02/2017. (Martin-Gill, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RODERICK WILLIAM LEAR,
No. 1:17-cv-00071-DAD-MJS (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
MOTIONS FOR TEMPORARY
(Doc. Nos. 7, 8, 11)
ORDER DENYING AS MOOT REQUEST TO
TRANSFER MOTIONS TO SACRAMENTO
(Doc. No. 12)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights
action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States
Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States
District Court for the Eastern District of California.
On February 28, 2017, the assigned magistrate judge issued findings and
recommendations recommending that plaintiff’s requests for a temporary restraining order and
preliminary injunction be denied without prejudice to consideration of the same request filed in
Lear v. Avila, No. 2:17-cv-00326-EFB. (Doc. No. 11.) On March 13, 2017, plaintiff filed
objections to the findings and recommendations and requested that his requests for a temporary
restraining order and preliminary injunction be transferred to the Sacramento Division of the
Eastern District of California. (Doc. No. 12.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
de novo review of this case. Having carefully reviewed the entire file, the court finds the findings
and recommendations to be supported by the record and by proper analysis. To the extent
plaintiff seeks to have his requests for a temporary restraining order and preliminary injunction
transferred to the Sacramento Division of this court, that request will be denied as moot since
plaintiff’s motions for a temporary restraining order and preliminary injunction were docketed in
Case No. 2:17-cv-00326-EFB on April 10, 2017.
Based on the foregoing,
1. The court adopts in full the findings and recommendations filed February 28, 2017
(Doc. No. 11); and
2. Plaintiff’s motions for a temporary restraining order and preliminary injunction
(Doc. Nos. 7, 8) are denied without prejudice to their consideration in Case No.
IT IS SO ORDERED.
May 2, 2017
UNITED STATES DISTRICT JUDGE
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