Birdwell et al v Cates et al

Filing 73

ORDER signed by Judge Kimberly J. Mueller on 10/17/2011 ADOPTING 59 Findings and Recommendations in full; DENYING 38 Motion for Preliminary Injunction. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BILLY PAUL BIRDWELL, II,
Plaintiff,

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vs.

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No. CIV S-10-0719 KJM GGH P

M. CATE, et al.,
Defendants.

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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 June 2, 2011, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. Objections to the findings

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and recommendations have been filed.
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 proper

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analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 2, 2011, are adopted in full; and

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2. Plaintiff’s motion for a preliminary injunction (Docket No. 38) is denied.

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DATED: October 17, 2011.

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UNITED STATES DISTRICT JUDGE

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/bird0719.805

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