Claiborne v. Blauser et al

Filing 29

ORDER signed by Judge Lawrence K. Karlton on 9/29/2011 ORDERING that the 22 findings and recommendations filed August 31, 2011, are ADOPTED in full. Plaintiff's 27 September 26, 2011 request for an extension of time is DENIED as moot. Plai ntiff's 20 July 14, 2011 motions to appoint counsel and for removal from state custody to federal are DENIED. The motion to appoint counsel is DENIED for the reasons stated in the findings and recommendations. The motion for removal is DENIED for the reasons stated in the findings and recommendations regarding the request for a preliminary injunction. Plaintiff's 2 21 motions for temporary restraining order and for preliminary injunction are DENIED.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNIS G. CLAIBORNE,

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Plaintiff,

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vs.

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No. CIV S-10-2427 LKK EFB P

BLAUSER, 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

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

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On August 31, 2011, the magistrate judge filed findings and recommendations

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

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objections to the findings and recommendations were to be filed within fourteen days from the

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date the findings and recommendations were served. After an extension of time, plaintiff filed

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objections to the findings and recommendations.1

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Concurrently with his objections, plaintiff filed a second request for an extension of
time. As his objections were timely filed, that request is denied as unnecessary.
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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 entire

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file, the court finds the findings and recommendations to be supported by the record and by

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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 (Dkt. No. 22) filed August 31, 2011, are

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ADOPTED in full; and

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2. Plaintiff’s September 26, 2011 request for an extension of time (Dkt. No. 27)
is DENIED as moot;

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3. Plaintiff’s July 14, 2011 motions to appoint counsel and for removal from state

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custody to federal (Dkt. No. 20) are DENIED. The motion to appoint counsel is DENIED for

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the reasons stated in the findings and recommendations. The motion for removal is DENIED for

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the reasons stated in the findings and recommendations regarding the request for a preliminary

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injunction.

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4. Plaintiff’s motions for temporary restraining order and for preliminary
injunction (Dkt. Nos. 2 and 21) are DENIED.

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IT IS SO ORDERED.

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DATED: September 29, 2011.

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