McGee v. State of California

Filing 21

ORDER signed by Judge Garland E. Burrell, Jr on 9/30/2010 ORDERING 18 Findings and Recommendations are adopted in full; and DENYING 13 Motion for TRO and Motion for Preliminary Injunction. (Matson, R)

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(PS) McGee v. State of California Doc. 21 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 Defendants. __________________________________/ ORDER vs. THE STATE OF CALIFORNIA, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEFFERSON A. McGEE, Plaintiff, No. CIV S-09-0740 GEB EFB PS On August 24, 2010, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed. Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. //// //// 1 Dockets.Justia.com 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 Accordingly, IT IS ORDERED that: 1. The proposed Findings and Recommendations filed August 24, 2010, are ADOPTED; and 2. Plaintiff's application for a temporary restraining order and preliminary injunction, Dckt. No. 13, is denied. Dated: September 30, 2010 GARLAND E. BURRELL, JR. United States District Judge 2

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