Robinson v. Davey et al

Filing 51

ORDER Adopting 37 FINDINGS AND RECOMMENDATIONS and DENYING Plaintiff's 36 Request for Preliminary Injunctive Relief signed by District Judge Dale A. Drozd on 5/8/2019. (Sant Agata, 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 ANTHONY L. ROBINSON, 12 Plaintiff, 13 14 No. 1:17-cv-01524-DAD-GSA (PC) v. DAVE DAVEY, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF Defendants. (Doc. No. 37) 16 17 Plaintiff Anthony L. Robinson is a state prisoner proceeding pro se and in forma pauperis 18 19 with this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 5, 2018, the assigned magistrate judge issued findings and 21 22 recommendations, recommending that plaintiff’s second request for preliminary injunctive relief 23 be denied. (Doc. No. 37.) The findings and recommendations were served on plaintiff and 24 contained notice that any objections thereto were to be filed within fourteen days after service. 25 (Id. at 3.) On December 17 and 20, 2018, plaintiff sought and received a thirty-day extension of 26 time in which to file his objections. (Doc. Nos. 39, 41.) On March 11, 2019, plaintiff untimely 27 filed his objections. (Doc. No. 49.) 28 ///// 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 including plaintiff’s objections, the court finds the findings and recommendations to be supported 4 by the record and proper analysis. 5 Accordingly, 6 1. 7 8 9 The findings and recommendations issued on December 5, 2018 (Doc. No. 37) are adopted in full; and 2. Plaintiff’s request for preliminary injunctive relief (Doc. No. 36) is denied. IT IS SO ORDERED. 10 11 Dated: May 8, 2019 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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