Gray v. Virga, et al.

Filing 107

ORDER signed by District Judge Kimberly J. Mueller on 2/29/2016 ADOPTING IN FULL 95 Findings and Recommendations; DENYING 90 Motion for Preliminary Injunction or Protective Order. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERNARDOS GRAY, JR,

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Plaintiff,

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v.

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No. 2:12-cv-3006 KJM AC P

T. VIRGA, et al.,

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ORDER

Defendants.

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Plaintiff, a former 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 October 6, 2015, the magistrate judge filed findings and recommendations, which

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

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findings and recommendations were to be filed within fourteen days. ECF No. 95. Neither party

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has filed objections to the findings and recommendations.

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The court presumes that any findings of fact are correct. See Orand v. United States, 602

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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.

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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed

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

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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 6, 2015 (ECF No. 95), are adopted in

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full; and
2. Plaintiff’s motion for preliminary injunction or protective order (ECF No. 90) is denied

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as moot.

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DATED: February 29, 2016

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UNITED STATES DISTRICT JUDGE

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