O'Keefe v. Cate

Filing 87

ORDER signed by Judge Kimberly J. Mueller on 7/30/2013 ADOPTING, in full, 76 Findings and Recommendations; DENYING 75 Motion for Preliminary Injunction construed as a Motion for Temporary Restraining Order. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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Plaintiff,
vs.

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No. 2:11-cv-2659 KJM KJN P

JERRY BROWN, et al.,
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. § 1983.1 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.
On February 8, 2013, 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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/////

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Given the nature of plaintiff’s claims, the court notes he may be a member of the
Coleman class. See Coleman v. Brown, Case No. CIV-S-90-0520 LKK JFM (E.D. Cal.). But
that does not necessarily bar him from seeking relief specific to his own mental health needs.
See Anderson v. Zika, 2013 WL 132546, at *2-3 (N.D. Cal. Jan. 9, 2013).
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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 February 8, 2013, are adopted in full;

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and
2. Plaintiff’s February 4, 2013 motion (dkt. no. 75), construed as a motion for
temporary restraining order, is denied without prejudice.
DATED: July 30, 2013.

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UNITED STATES DISTRICT JUDGE

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