Asberry v. Cate et al

Filing 75

ORDER signed by Judge Kimberly J. Mueller on 9/11/2012 FINDINGS AND RECOMMENDATIONS 56 are ADOPTED in FULL; and plaintiff's 50 Motion for Preliminary Injunction is DENIED. (Reader, 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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TONY ASBERRY,
Plaintiff,

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No. CIV S-11-2462 KJM KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.
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ORDER

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 July 23, 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. Plaintiff has filed

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objections to the findings and recommendations.

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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 file,

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

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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 filed July 23, 2012 (Dkt. No. 56) are

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adopted in full; and
2. Plaintiff’s motion for a preliminary injunction (Dkt. No. 50) is denied.
DATED: September 11, 2012.

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UNITED STATES DISTRICT JUDGE

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