McCain v. Stockton Police Department et al

Filing 51

ORDER ADOPTING 40 FINDINGS AND RECOMMENDATION in full signed by Judge John A. Mendez on 05/10/11 and ORDERING that plf's 39 Motion for TRO is DENIED. (Benson, A.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRYLYN MCCAIN, 11 Plaintiff, 12 13 No. 2:10-cv-03170 JAM KJN (TEMP) PS v. STOCKTON POLICE DEPARTMENT, et al., 14 Defendants. ORDER 15 / 16 The matter was referred to a United States Magistrate Judge pursuant to Local 17 Rule 302(c)(21). 18 On March 23, 2011, the magistrate judge filed findings and recommendations 19 herein which were served on the parties and which contained notice to the parties that any 20 objections to the findings and recommendations were to be filed within fourteen days. 21 Objections to the findings and recommendations have been filed. 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 7223 304, this court has conducted a de novo review of this case. Having carefully reviewed the entire 24 file, the court finds the findings and recommendations to be supported by the record and by 25 proper analysis. 26 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed March 23, 2011 are adopted in full; 3 4 and 2. Plaintiff’s motion for temporary restraining order (Dkt. No. 39) is denied. 5 6 DATED: May 10, 2011 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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