Marceleno v. California Department of Corrections and Rehabiliation et al

Filing 17

ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS; ORDER Denying Plaintiff's 11 Motion for Preliminary Injunction Relief signed by Chief Judge Lawrence J. O'Neill on 04/19/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIK ABELINO MARCELENO,

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Plaintiff,
vs.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

1:17-cv-01136-LJO-GSA-PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(ECF No. 15.)
ORDER DENYING PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTIVE RELIEF
(ECF No. 11.)

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Erik Abelino Marceleno (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 21, 2018, findings and recommendations were entered, recommending that

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Plaintiff’s motion for preliminary injunctive relief be denied. (ECF No. 15.) Plaintiff was

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granted fourteen days in which to file objections to the findings and recommendations. (Id.)

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On April 2, 2018, Plaintiff filed a response to the findings and recommendations, indicating

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that he has no objections to the findings and recommendations, because his motion for

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preliminary injunctive relief is now moot. (ECF No. 16.) No other objections have been filed,

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and the time for filing objections has expired.
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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,

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

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analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The findings and recommendations issued by the Magistrate Judge on March 21,
2018, are ADOPTED IN FULL; and

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Plaintiff’s motion for preliminary injunctive relief, filed on December 22, 2017,
is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

April 19, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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