Sanders v. Delyon et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 12/9/2014 DIRECTING the Clerk to redesignate the 10 order and findings and recommendations filed on 10/14/2014 as an order; and withdraw the assignment of a district judge to this action. It is further ORDERED that, for the reasons stated in the 10/14/2014 order, plaintiff's 4 motion for stay and abeyance is DENIED; plaintiff's 5 motion for injunctive relief is DENIED; and this action is DISMISSED without prejudice. CASE CLOSED. (cc: KJM) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILES SANDERS,

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No. 2:14-cv-2291 KJN P

Plaintiff,
v.

ORDER

G. DELYON, et al.,
Defendants.

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On October 14, 2014, the undersigned magistrate judge granted petitioner’s application to

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proceed in forma pauperis, and directed the assignment of a district judge to review the

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undersigned’s recommendations that plaintiff’s motion for stay and abeyance be denied, that his

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motion for injunctive relief be denied, and that the action be dismissed. (See ECF No. 10.) The

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basis for these recommendations lay in the absence of a constitutional right for inmates to be

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housed at a particular prison and in plaintiff’s failure to exhaust administrative remedies. (Id.)

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Petitioner thereafter filed a notice of consent to proceed pursuant to the jurisdiction of the

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undersigned magistrate judge for all purposes. See 28 U.S.C. § 636(c); Local Rule 305(a). (ECF

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No. 12.) In addition, petitioner filed a notice of change of address; petitioner was previously

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incarcerated at La Palma Correctional Center in Arizona, but is now detained at Mule Creek State

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Prison. (ECF No. 13.) Petitioner has filed no objections to the findings and recommendations,

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and there is no basis for modifying the undersigned’s prior conclusion that plaintiff’s motions
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should be denied and this action dismissed.

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For these reasons, and good cause appearing, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to:

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(a) redesignate the undersigned’s order and findings and recommendations filed on

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October 14, 2014 (ECF No. 10) as an order; and

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(b) withdraw the assignment of a district judge to this action; and

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2. For the reasons stated in this court’s order filed October 14, 2014 (ECF No. 10),

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(a) Plaintiff’s motion for stay and abeyance (ECF No. 4) is denied;

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(b) Plaintiff’s motion for injunctive relief (ECF No. 5) is denied; and

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(c) This action is dismissed without prejudice.
Dated: December 9, 2014

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/sand2291.fin.ord

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