White v. Smyers et al

Filing 201

ORDER ADOPTING 190 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Morrison C. England, Jr. on 09/30/16 ORDERING that plaintiff's 174 Motion for Preliminary Injunction is DENIED. (Benson, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WALTER HOWARD WHITE, 12 No. 2:12-cv-2868 MCE AC P Plaintiff, 13 v. 14 SMYERS, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 23, 2016, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice that any objections to the findings 22 and recommendations were to be filed within fourteen days. See ECF No. 190. Extended time 23 for filing objections was granted. See ECF No. 196 at 2. Plaintiff thereafter filed objections 24 which this court has fully considered, including the exhibits attached thereto. See ECF No. 198. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 court finds the findings and recommendations to be supported by the record and by proper 28 analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed August 23, 2016, ECF No. 190, are adopted 3 in full; and 4 2. Plaintiff’s motion for preliminary injunctive relief, ECF No. 174, is denied. 5 IT IS SO ORDERED. 6 Dated: September 30, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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