Gipbsin v. Deforest, Goni, Prater, Shelton and Stone

Filing 137

ORDER adopting 132 FINDINGS AND RECOMMENDATIONS IN FULL signed by Judge Morrison C. England, Jr on 8/19/09: Plaintiff's September 22, 2008 motion, construed as a request for injunctive relief, is DENIED 44 . Plaintiff's November 10, 2008 motions for temporary restraining orders are DENIED 51 , 52 . Plaintiff's November 24, 2008 motion for federal placement is DENIED 55 . Plaintiff's March 9, 2009 motion is DENIED 113 . (Kaminski, H)

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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. SCOTT KERNAN, 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 June 10, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days from the date the findings and recommendations were served. Plaintiff has filed objections to the findings and recommendations. /// /// 1 CLARENCE A. GIPBSIN, Plaintiff, ORDER No. 2:07-cv-00157-MCE-EFB P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72-304, 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. Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed June 10, 2009, are adopted in full; 2. Plaintiff's September 22, 2008 motion (docket no. 44), construed as a request for injunctive relief, is DENIED; 3. Plaintiff's November 10, 2008 motions for temporary restraining orders (docket nos. 51 and 52), are DENIED; 4. Plaintiff's November 24, 2008 motion for federal placement (docket no. 55) is DENIED; and 5. Plaintiff's March 9, 2009 motion (docket no. 113) is DENIED. IT IS SO ORDERED. Dated: August 19, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 2

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