(PC) McCoy v. Torres et al

Filing 38

ORDER ADOPTING Findings and Recommendations 37 and DENYING Motion for TRO or Preliminary Injunction 32 signed by District Judge Dale A. Drozd on 1/8/2021. (Lundstrom, T)

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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 AARON D. MCCOY, 12 13 14 15 Plaintiff, v. D. TORRES, et al., Defendants. No. 1:19-cv-01023-NONE-JLT (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION (Doc. Nos. 32, 37) 16 17 Plaintiff Aaron D. McCoy is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action under 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. 20 On November 23, 2020, the assigned magistrate judge filed findings and 21 recommendations, recommending that plaintiff’s motion for a temporary restraining order or a 22 preliminary injunction (Doc. No. 32) be denied. (Doc. No. 37.) The magistrate judge found that 23 the claims and requested relief which were the subject of plaintiff’s pending motion are unrelated 24 to the claims in his complaint. More specifically, the defendants in this action are correctional 25 officers at Kern Valley State Prison, whereas plaintiff requests an injunction directed at the 26 Secretary of the California Department of Corrections and/or the Warden of Pelican Bay State 27 Prison, where plaintiff is currently incarcerated. (Id. at 2-3.) As a result, the magistrate judge 28 found that the court lacks jurisdiction over the targets of plaintiffs’ motion. (Id. at 2.) The 1 findings and recommendations were served on plaintiff and provided him 14 days to file 2 objections thereto. (Id. at 3.) Plaintiff has not filed any objections and the time to do so has 3 passed. 4 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 5 de novo review of this case. Having carefully reviewed the file, the court finds the findings and 6 recommendations to be supported by the record and proper analysis. 7 Accordingly, 8 1. 9 10 are adopted in full; and, 2. 11 12 13 14 The findings and recommendations issued on November 23, 2020 (Doc. No. 37) Plaintiff’s motion for a temporary restraining order or a preliminary injunction (Doc. No. 32) is denied. IT IS SO ORDERED. Dated: January 8, 2021 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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