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

Filing 219

ORDER signed by Judge Morrison C. England, Jr on 9/20/12 ADOPTING IN FULL 214 Findings and Recommendations; DENYING 209 Motion and 212 Motion. (Meuleman, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE A. GIPBSIN, 11 12 13 14 Plaintiff, vs. SCOTT KERNAN, et al., Defendants. 15 16 No. 2:07-cv-0157 MCE EFB P ORDER / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On August 15, 2012, the magistrate judge filed findings and recommendations 20 herein (ECF No. 214) which were served on all parties and which contained notice to all parties 21 that any objections to the findings and recommendations were to be filed within fourteen days 22 from the date the findings and recommendations were served. Plaintiff has filed objections to the 23 findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 25 304, this Court has conducted a de novo review of this case. Having carefully reviewed the 26 entire file, including the objections, the Court finds the findings and recommendations to be 1 1 supported by the record and by proper analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed August 15, 2012, are ADOPTED IN 4 FULL; and 5 6 7 2. Plaintiff’s motion for a preliminary injunction (ECF Nos. 209, 212) is DENIED. Dated: September 20, 2012 8 9 10 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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