Jones v. Wong et al

Filing 47

ORDER signed by District Judge Garland E. Burrell, Jr on 9/28/2017 ADOPTING in FULL 34 Findings and Recommendations; DENYING 32 , 21 Motion for Preliminary Injunction or TRO. Upon reconsideration, the magistrate judge's 9/12/2017 41 Order denying appointment of counsel is AFFIRMED. (Washington, S)

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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 ARTHUR GLENN JONES, SR., 12 13 14 No. 2:15-cv-0734 GEB AC P Plaintiff, v. ORDER SAM WONG, et al., 15 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 21, 2017, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. ECF No. 34. Neither 23 party has filed objections to the findings and recommendations. The court has reviewed the file 24 and finds the findings and recommendations to be supported by the record and by the magistrate 25 judge’s analysis. 26 On September 12, 2017, the magistrate judge filed an order denying plaintiff’s request for 27 appointment of counsel. ECF No. 41. Plaintiff has filed objections to the order. ECF No. 46. 28 When a party objects to magistrate judge’s order, the order shall be upheld unless it is “clearly 1 1 erroneous or is contrary to law.” Fed. R. Civ. P. 72(a); L.R. 303(f). Upon review of the entire 2 file, the court finds that it does not appear that the magistrate judge’s ruling was clearly erroneous 3 or contrary to law. 4 Therefore, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed August 21, 2017 (ECF No. 34), are adopted in 6 full and plaintiff’s motions for preliminary injunction or temporary restraining order (ECF Nos. 7 21, 32) are denied. 8 9 10 2. Upon reconsideration, the magistrate judge’s September 12, 2017 order denying appointment of counsel (ECF No. 41) is affirmed. Dated: September 28, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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