Berry v. Swingle et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 12/7/2012 DENYING plaintiff's 18 motion for injunctive relief. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

SPENCER BERRY,

11

Plaintiff,

12
13

No. 2:12-cv-0363 KJN P

vs.
DOROTHY SWINGLE, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff, a state prisoner proceeding without counsel, filed this civil rights action

17

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

18

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

19

On August 29, 2012, the undersigned filed findings and recommendations herein

20

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

21

the findings and recommendations were to be filed within twenty-one days. Neither party filed

22

objections to the findings and recommendations.

23

In the meantime, the parties consented to proceed before the undersigned for all

24

purposes. See 28 U.S.C. § 636(c). On November 5, 2012, the district court reassigned this case

25

to the undersigned.

26

////
1

1
2

For the reasons set forth in the August 29, 2012 findings and recommendations,
plaintiff’s motion for injunctive relief is denied.

3

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for injunctive

4

relief (dkt. nos. 18, 36) is denied.

5

DATED: December 7, 2012

6
7

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

8
9

berr0636.801

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2