Alston v. City of Elk Grove et al

Filing 36

ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/15/11 23 are ADOPTED and Plaintiff's MOTION for TEMPORARY RESTRAINING ORDER and a Preliminary Injunction 14 is DENIED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CD ALSTON,
Plaintiff,

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vs.

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CIV S-11-0678 KJM CKD PS

CITY OF ELK GROVE, et al.,

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Defendants.

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ORDER

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On November 15, 2011, the magistrate judge filed findings and recommendations,

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

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and recommendations were to be filed within fourteen days. No objections were filed.
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 ORDERED that the Findings and Recommendations filed

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November 15, 2011, are ADOPTED and plaintiff’s motion for a temporary restraining order and

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a preliminary injunction (ECF No. 14) is denied.

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DATED: March 26, 2012.

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UNITED STATES DISTRICT JUDGE

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alston678.jo

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