Lear v. Manasrah

Filing 19

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)

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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 RODERICK WILLIAM LEAR, 12 Plaintiff, 13 v. 14 A. MANASRAH, 15 16 17 18 19 No. 1:17-cv-00071-DAD-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER Defendants. (Doc. Nos. 7, 8, 11) ORDER DENYING AS MOOT REQUEST TO TRANSFER MOTIONS TO SACRAMENTO DIVISION (Doc. No. 12) 20 21 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 22 action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 23 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States 24 District Court for the Eastern District of California. 25 On February 28, 2017, the assigned magistrate judge issued findings and 26 recommendations recommending that plaintiff’s requests for a temporary restraining order and 27 preliminary injunction be denied without prejudice to consideration of the same request filed in 28 Lear v. Avila, No. 2:17-cv-00326-EFB. (Doc. No. 11.) On March 13, 2017, plaintiff filed 1 1 objections to the findings and recommendations and requested that his requests for a temporary 2 restraining order and preliminary injunction be transferred to the Sacramento Division of the 3 Eastern District of California. (Doc. No. 12.) 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 5 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 6 and recommendations to be supported by the record and by proper analysis. To the extent 7 plaintiff seeks to have his requests for a temporary restraining order and preliminary injunction 8 transferred to the Sacramento Division of this court, that request will be denied as moot since 9 plaintiff’s motions for a temporary restraining order and preliminary injunction were docketed in 10 11 Case No. 2:17-cv-00326-EFB on April 10, 2017. Based on the foregoing, 12 1. The court adopts in full the findings and recommendations filed February 28, 2017 13 (Doc. No. 11); and 14 2. Plaintiff’s motions for a temporary restraining order and preliminary injunction 15 (Doc. Nos. 7, 8) are denied without prejudice to their consideration in Case No. 16 2:17-cv-00326-EFB. 17 18 IT IS SO ORDERED. Dated: May 2, 2017 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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