Crane v. McDonald et al

Filing 67

ORDER ADOPTING 56 FINDINGS and RECOMMENDATIONS, in full, signed by District Judge Kimberly J. Mueller on 6/27/2013. Plaintiff's 31 Motion for Preliminary Injunction is DENIED. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD J. CRANE,

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Plaintiff,

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No. 2:11-cv-0663 KJM CKD P

vs.

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MIKE McDONALD, 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 as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On February 6, 2012, the magistrate judge filed findings and recommendations,

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

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the findings and recommendations were to be filed within fourteen days. On March 25, 2013,

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plaintiff was granted a thirty-day extension of time to file objections and advised that no further

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extensions would be granted. Plaintiff did not file objections within this period.

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The court presumes that any findings of fact are correct. See Orand v. United

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States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed February 6, 2013, are adopted in full;

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and
2. Plaintiff’s motion for preliminary injunction (Dkt. No. 31) is denied.
DATED: June 27, 2013.

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UNITED STATES DISTRICT JUDGE

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