Dillingham v. Garcia et al

Filing 149

ORDER ADOPTING 143 Findings and Recommendations, signed by District Judge Dale A. Drozd on 4/9/2021. (Marrujo, C)

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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 JERRY DILLINGHAM, 12 Plaintiff, 13 14 No. 1:18-cv-00579-NONE-EPG (PC) v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS F. GARCIA, (Doc. Nos. 142, 143) 15 Defendant. 16 Jerry Dillingham (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 17 18 in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 19, 2021, Plaintiff filed an emergency motion for administrative relief. 20 21 (Doc. No. 142.) On February 23, 2021, the assigned magistrate judge issued findings and 22 recommendations, recommending “that Plaintiff’s emergency motion for administrative relief 23 (ECF No. 142) be DENIED” because the relief requested is not related to the claim proceeding in 24 this case. (Doc. No. 143 at 3.) Plaintiff was provided an opportunity to file objections to the findings and 25 26 recommendations. The deadline to file objections has passed and plaintiff has not filed objections 27 or otherwise responded to the findings and recommendations. 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 magistrate judge’s findings and recommendations are supported by the record and by proper 4 analysis. 5 Accordingly, 6 1. 7 8 9 10 The findings and recommendations issued on February 23, 2021, (Doc. No. 143), are adopted in full; and 2. Plaintiff’s emergency motion for administrative relief, (Doc. No. 142), is denied. IT IS SO ORDERED. Dated: April 9, 2021 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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