Benson v. Davis Enterprise Newspaper et al
Filing
137
ORDER signed by Judge Kimberly J. Mueller on 8/30/11 ORDERING 68 Findings and Recommendations are adopted in full; The magistrate judge's order filed July 19, 2010, is affirmed; Plaintiff's motion for a preliminary injunction is denied; Plaintiff's motion for default judgment is denied, and the Clerk is directed to terminate ECF Nos. 48 , 50 and 53 .(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEREMY JAMISON, aka
DWAYNE GARRETT,
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Plaintiff,
No. CIV S-10-0124 KJM EFB P
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vs.
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BAILLIE, et al.,
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Defendants.
ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On October 25, 2010, plaintiff filed a request for reconsideration of the magistrate
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judge’s order filed July 19, 2010, denying plaintiff’s motion for an injunction and removal from
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DVI. (Docket No. 50.) Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be
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upheld unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court
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finds that the magistrate judge’s ruling is not clearly erroneous or contrary to law.
On December 10, 2010, the magistrate judge filed findings and recommendations,
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which were served on plaintiff and which contained notice to plaintiff that any objections to the
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findings and recommendations were to be filed within fourteen days. Plaintiff has filed
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objections to the findings and recommendations.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the file,
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the court finds the findings and recommendations to be supported by the record and by the
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proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed December 10, 2010, are adopted in
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full;
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2. The magistrate judge’s order filed July 19, 2010, is affirmed;
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3. Plaintiff’s motion for a preliminary injunction is denied;
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4. Plaintiff’s motion for default judgment is denied, and
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5. The Clerk is directed to terminate ECF Nos. 48, 50 and 53.
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DATED: August 30, 2011.
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UNITED STATES DISTRICT JUDGE
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