(PC) Harris v. Munoz et al

Filing 23

ORDER DENYING 15 Motion for TRO; ORDER DENYING 16 Motion for Preliminary Injunction; ORDER ADOPTING 22 Findings and Recommendations, signed by District Judge Jennifer L. Thurston on 05/6/2022.(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVONTE B. HARRIS,

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Plaintiff,
v.
E. MUNOZ, J. CERDA, E. SILVA, J.
PEDERSON, K. MATTA, M. MEDINA,

Case No. 1:21-cv-01372-JLT-HBK (PC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS DENYING
PLAINTIFF’S MOTIONS FOR A
TEMPORARY RESTRAINING ORDER AND
PRELIMINARY INJUNCTION
(Docs. 15, 16 and 22)

Defendants.
Devonte B. Harris again requests the entry of temporary restraining order (Doc. 15) and

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preliminary injunction (Doc. 16), seeking to enjoin the defendants from either removing his

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current long-term restricted housing status, or from transferring him away from California State

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Prison Corcoran to any other correctional facility. On April 13, 2022, the magistrate judge

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determined the motions were substantively defective and Plaintiff failed to show “he is likely to

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suffer irreparable harm to warrant the extraordinary exercise of immediate injunctive relief to

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enjoin Plaintiff’s transfer.” (Doc. 22 at 6-7.) Therefore, the magistrate judge recommended the

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motions be denied. (Id. at 8.)

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The Findings and Recommendations informed Plaintiff that any objections to the Findings

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and Recommendations were due in fourteen days. (Doc. 22 at 1, 8.) Plaintiff was also advised

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“failure to file objections within the specified time may result in the waiver of rights on appeal.”

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(Id. at 8, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan,

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923 F.2d 1391, 1394 (9th Cir. 1991).) To date, Plaintiff has not filed any objections and the time

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to do so has expired.

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According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case.

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Having carefully reviewed the entire matter, the Court concludes the Findings and

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Recommendations are supported by the record and by proper analysis. Thus, the Court

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ORDERS:

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1.

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The Findings and Recommendations issued on April 13, 2022 (Doc. 22) are
adopted in full.

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2.

Plaintiff’s motion for a temporary restraining order (Doc. 15) is DENIED.

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3.

Plaintiff’s motion for a preliminary injunction (Doc. 16) is DENIED.

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IT IS SO ORDERED.
Dated:

May 6, 2022

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