Jorgenson v. Moore et al

Filing 118

ORDER ADOPTING 116 Findings and Recommendations signed by District Judge Dale A. Drozd on 06/04/2020. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL JORGENSON, 12 Plaintiff, 13 14 15 No. 1:17-cv-00817-NONE-EPG (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. Nos. 115 & 116) RICHARD B. HAAK, M.D., et al., Defendants. 16 17 18 Paul Jorgenson (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 19 pauperis in this action. The matter was referred to a United States magistrate judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On April 15, 2020, Plaintiff filed a motion for release. (ECF No. 115). On April 17, 22 2020, the assigned magistrate judge entered findings and recommendations, recommending 23 “that Plaintiff’s motion for release be denied, without prejudice to Plaintiff filing another 24 action.” (Doc. No. 116 at 3 (indicating he may consider filing a habeas petition pursuant to 28 25 U.S.C. § 2241).) 26 Plaintiff was provided an opportunity to file objections to the findings and 27 recommendations. The deadline to file objections has passed, and plaintiff has not filed 28 objections or otherwise responded to the findings and recommendations. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. The findings and recommendations issued by the magistrate judge on April 17, 2020 7 8 (Doc. No. 116), are ADOPTED IN FULL; and 2. Plaintiff’s motion for release is denied, without prejudice to plaintiff filing of a 9 habeas action seeking the requested relief. 10 11 12 IT IS SO ORDERED. Dated: June 4, 2020 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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