Torres v. Patel et al

Filing 42

ORDER ADOPTING 41 Findings and Recommendations and ORDER DENYING 34 Plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction signed by Chief Judge Lawrence J. O'Neill on 1/4/2020. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL TORRES, 12 Plaintiff, 13 14 v. ISMAIL PATEL, et al., 15 Defendants. Case No. 1:18-cv-00188-LJO-SAB (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATION, AND DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (ECF Nos. 34, 41) 16 Plaintiff Miguel Torres is a state prisoner proceeding pro se and in forma pauperis in this 17 18 civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 25, 2019, the assigned Magistrate Judge issued findings and 20 21 recommendation recommending that Plaintiff’s motion for a temporary restraining order and a 22 preliminary injunction be denied. (ECF No. 41.) The findings and recommendation were served 23 on the parties and contained notice that any objections thereto were to be filed within twenty-one 24 (21) days after service. (Id. at 7.) No objections have been filed and the time in which to do so 25 has now passed. 26 /// 27 /// 28 /// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 7 are adopted in full; 2. 8 9 The findings and recommendation issued on November 25, 2019, (ECF No. 41), Plaintiff’s motion for a temporary restraining order and a preliminary injunction, (ECF No. 34), is DENIED; and 3. 10 This action is referred back to the assigned Magistrate Judge for further proceedings. 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 4, 2020 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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