Mitchell v. Schwartzenegger et al

Filing 77

ORDER signed by Judge John A. Mendez on 6/17/13 ADOPTING in full 72 Findings and Recommendations; DENYING without prejudice 68 Motion for TRO. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN EDWARD MITCHELL,

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Plaintiff,

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No. 2:09-cv-3012 JAM KJN P

vs.
J. HAVILAND, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 30, 2013, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed April 30, 2013 (ECF No. 72), are adopted in
full; and
2. Plaintiff’s motion for temporary restraining order (ECF No. 68) is denied without

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prejudice.

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DATED: June 17, 2013

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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