Becker v. Fang et al

Filing 33

ORDER signed by Judge Kimberly J. Mueller on 9/30/2013 ADOPTING 31 FINDINGS AND RECOMMENDATIONS except as noted in order, GRANTING 22 Motion to supplement his reply and DENYING 2 Motion for TRO. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BECKER,

No. 2:12-CV-3040-KJM-CMK-P

Plaintiff,

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vs.

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K. FANG, et al.,

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ORDER

Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by

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Eastern District of California local rules.

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On August 5, 2013, the magistrate judge filed findings and recommendations,

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which were served on the parties and which contained notice that the parties may file objections

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within a specified time. Plaintiff has filed timely objections to the findings and

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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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including plaintiff’s supplementation of his reply, the court finds the findings and
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recommendations to be supported by the record and by the proper analysis. However, as the

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magistrate judge recognized, because he found plaintiff was unlikely to succeed on the merits, it

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was not necessary for him to analyze plaintiff’s showing of irreparable injury. The court thus

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adopts the findings and recommendations, except for the portion appearing on page eight, line

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twelve through line twenty-six.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed August 5, 2013, are adopted

except as noted above;

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2.

Plaintiff’s motion to supplement his reply (Doc. 22) is granted; and

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3.

Plaintiff’s motion for a temporary restraining order (Doc. 2) is denied.

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DATED: September 30, 2013.

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UNITED STATES DISTRICT JUDGE

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