Johnson v. Sisto et al

Filing 162

ORDER signed by Judge Kimberly J. Mueller on 6/20/13 ADOPTING IN FULL 155 Findings and Recommendations; and DENYING without prejudice 154 Motion for Preliminary Injunction. (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 LACEDRIC W. JOHNSON, Plaintiff, 11 vs. 12 13 No. 2:08-cv-1609 KJM KJN P D. K. SISTO, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 22, 2013, the magistrate judge filed findings and recommendations, 19 20 which were served on all parties and which contained notice to all parties that any objections to 21 the findings and recommendations were to be filed within fourteen days. Neither party has filed 22 objections to the findings and recommendations. The court presumes that any findings of fact are correct. See Orand v. United 23 24 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 25 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 26 ///// 1 1 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 2 be supported by the record and by the proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed March 22, 2013, are adopted in full. 5 2. Plaintiff’s March 8, 2013 motion for injunctive relief (dkt. no. 154) is denied 6 without prejudice. 7 DATED: June 20, 2013. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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