Solomon v. Negrete et al
Filing
30
ORDER signed by Magistrate Judge Gregory G. Hollows on 6/24/11 ORDERING that Plaintiff no longer engage in the seriatim filing of inadequately supported and inapposite requests for preliminary injunctive relief, particularly while such a request is s till pending; should he continue to do so, this court will disregard such filings. IT IS FURTHER RECOMMENDED that Plaintiff's defective MOTION for Preliminary Injunctive Relief, filed on 6/21/11 28 be denied. These Findings and Recommendation are submitted to U.S. District Judge William B. Shubb. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
VINCENTE SOLOMON,
11
12
13
14
15
16
Plaintiff,
No. CIV S-10-2103 WBS GGH P
vs.
J. NEGRETE, et al.,
ORDER and
Defendants.
FINDINGS AND RECOMMENDATIONS
/
Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. §
17
1983. On June 21, 2011 (docket # 26), this court filed an order finding plaintiff’s first amended
18
complaint appropriate for service upon some of the named defendants as to specific claims. In a
19
concurrent filing (docket # 27), the court filed findings and recommendations, recommending
20
dismissal of a number of defendants and claims. In addition, the court recommended dismissal
21
of plaintiff’s second motion for preliminary injunctive relief, which had been filed on June 3,
22
2011. On the same day, June 21, 2011, plaintiff filed yet another putative motion for preliminary
23
injunction, seeking an “emergency transfer,” predicated again on his claim that his life is in
24
danger at CCI. Plaintiff has provided no declaration in support of this latest request and the court
25
will not again set forth the standards that must be met for preliminary injunctive relief of which
26
this most recent filing falls far short. Instead, the undersigned now recommends dismissal of this
1
1
request for the reasons incorporated in the findings and recommendations already pending and
2
filed on June 21, 2011 (docket # 27).
3
Further, IT IS ORDERED that plaintiff no longer engage in the seriatim filing of
4
inadequately supported and inapposite requests for preliminary injunctive relief, particularly
5
while such a request is still pending; should he continue to do so, this court will disregard such
6
filings.
7
8
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s defective motion
for preliminary injunctive relief, filed on June 21, 2011 (docket # 28), be denied.
9
These findings and recommendations are submitted to the United States District
10
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
11
days after being served with these findings and recommendations, any party may file written
12
objections with the court and serve a copy on all parties. Such a document should be captioned
13
“Objections to Magistrate Judge's Findings and Recommendations.” Any reply to the objections
14
shall be served and filed within fourteen days after service of the objections. The parties are
15
advised that failure to file objections within the specified time may waive the right to appeal the
16
District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
17
DATED: June 24, 2011
/s/ Gregory G. Hollows
18
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
19
20
GGH:009
solo2103.fr2
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?