Rodriguez v. Simmons

Filing 43

ORDER signed by Judge Frank C. Damrell, Jr on 4/6/2010 ORDERING 36 Findings and Recommendations are adopted; and 16 Motion for Preliminary Injunction is denied. (Matson, R)

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. UNKNOWN-NAMED DISCIPLINARY HEARINGS, AGENT A.K.A. "SERGEANT SIMMONS," et al., Defendants. __________________________________/ On March 9, 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 twenty days. No objections were filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School 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. Accordingly, IT IS ORDERED that: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSE DEJESUS RODRIGUEZ, Plaintiff, No. CIV-S-09-2195-FCD-KJN-PS

ORDER

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 and

1. The Proposed Findings and Recommendations filed March 9, 2010, are ADOPTED;

2. Plaintiff's motion for a preliminary injunction is denied DATED: April 6, 2010.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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