Evans v. Sisto et al

Filing 120

ORDER signed by Magistrate Judge John F. Moulds on 2/6/12 denying 118 Motion for TRO. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EVANS, JR.,

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Plaintiff,

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No. 2:09-cv-0292 WBS JFM (PC)

vs.
D. K. SISTO, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On January 3, 2012, plaintiff filed a motion styled as a motion for temporary

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restraining order or preliminary injunction but which seeks no specific injunctive relief from the

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court. As with previous motions filed in this action, see Order filed August 15, 2011, plaintiff

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continues to contend that the California Department of Corrections and Rehabilitation lacks

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jurisdiction to keep him in custody. That contention has been found to be without merit, and the

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claim raised by plaintiff in this action which rested thereon has been dismissed. See Findings

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and Recommendations filed March 30, 2010, at 3-4; Order filed May 5, 2010. Plaintiff’s motion

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will be denied.

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In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s January

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3, 2012 motion is denied.

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DATED: February 6, 2012.

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evan0292.o3

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