Lucas v. Swarthout et al

Filing 26

ORDER signed by Judge Garland E. Burrell, Jr. on 8/17/2011 ADOPTING 19 FINDINGS AND RECOMMENDATIONS; DENYING 7 and 25 Motions for Preliminary Injunction. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ISIAH LUCAS, JR.,

12
13
14

No. CIV S-10-3252-GEB-CMK-P

Plaintiff,
vs.

ORDER

GARY SWARTHOUT, et al.,

15

Defendants.

16

/

17

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

18

to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19

Eastern District of California local rules.

20

On June 24, 2011, the Magistrate Judge filed findings and recommendations

21

herein which were served on the parties and which contained notice that the parties may file

22

objections within a specified time. Timely objections to the findings and recommendations have

23

been filed.1

24
25
26

1

In addition to his objections, plaintiff also filed a secondary motion requesting the
court implement the preliminary injunction he requested. As this motion failed to cure the
defects noted in the findings and recommendations, the motion will similarly be denied.
1

1

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

2

304(f), this court has conducted a de novo review of this case. Having carefully reviewed the

3

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

4

proper analysis.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

The findings and recommendations filed June 24, 2011, are adopted in

2.

Plaintiff’s motions for a preliminary injunction (Docs. 7, 25) are denied.

7
8
9

full; and

Dated: August 17, 2011

10
11
12

GARLAND E. BURRELL, JR.
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2