Ibanez v. Miller, et al

Filing 37

ORDER ADOPTING FINDINGS and RECOMMENDATIONS signed by Judge John A. Mendez on 2/13/09 re 29 Findings and Recommendations. Plaintiffs 7/28/08 motion for a preliminary injunction 23 is DENIED.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. M. WRIGHT, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. On November 4, 2008, the magistrate judge filed findings and recommendations herein which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within fifteen days. Plaintiff has filed objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72304, this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JULIUS CESAR IBANEZ, Plaintiff, No. CIV S-06-2668 JAM EFB P

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Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed November 4, 2008, are adopted in full; 2. Plaintiff's July 28, 2008, motion for a preliminary injunction is denied. DATED: 2/13/2009

/s/ John A. Mendez UNITED STATES DISTRICT JUDGE

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