(PC) Henderson v. Castillo et al
ORDER ADOPTING 16 Findings and Recommendations and Denying 4 Plaintiff's Motion for a Temporary Restraining Order signed by District Judge Anthony W. Ishii on 1/5/2021. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CURTIS LEE HENDERSON, SR.,
S. CASTILLO, JR., et al.,
No. 1:20-cv-01199-AWI-SKO (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION FOR A TEMPORARY
(Doc. No. 16)
Plaintiff Curtis Lee Henderson, Sr., is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action. This matter was referred to a United States magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local Rule 302.
On November 24, 2020, the assigned magistrate judge filed findings and
recommendations, recommending that Plaintiff’s motion for a temporary restraining order (Doc.
No. 4) be denied. Doc. No. 16. The magistrate judge found that Plaintiff’s request for single-cell
status is now moot, and that his request for Defendants to “refrain from . . . retaliation or activities
that violate the constitution” is not narrowly tailored. Id. at 2–3. The findings and
recommendations were served on Plaintiff and provided him fourteen days to file objections
thereto. Id. at 3.
Plaintiff filed objections on December 29, 2020. Doc. No. 18. The objections are dated
December 3, 2020, but do not include a proof of service and were not received by the Court until
nearly four weeks later. Thus, it is unclear whether the objections were timely submitted to
prison officials for mailing to the Court. Nevertheless, in an abundance of caution, the Court
considers the objections. Therein, Plaintiff requests that the Court take “judicial notice” of the
supplemental information he filed in support of his motion. The supplemental information,
however, is not related to the claims in the motion. Doc. Nos. 4 & 14.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a
de novo review of this case. Having carefully reviewed the entire file, including Plaintiff’s
objections, the Court finds the findings and recommendations to be supported by the record and
Accordingly, IT IS HEREBY ORDERED that:
The findings and recommendations issued on November 24, 2020 (Doc. No. 16), are
ADOPTED in full; and
Plaintiff’s motion for a temporary restraining order (Doc. No. 4) is DENIED.
IT IS SO ORDERED.
Dated: January 5, 2021
SENIOR DISTRICT JUDGE
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