Anderson v. Virga et al

Filing 152

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/2022 ADOPTING 150 Findings and Recommendations in full and DENYING 149 Motion for Preliminary Injunction. The Clerk of the Court is directed send a courtesy copy of 151 Objections to Carmen E. Bremer. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC ZACHARY ANDERSON,

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No. 2:15-cv-01148-KJM-JDP (PC)

Plaintiff,
v.

ORDER

TIM VIRGA, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 19, 2021, 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. Plaintiff has filed

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objections to the findings and recommendations.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis. The court writes separately to clarify that the dismissal of this action pursuant to the

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settlement agreement reached between the parties precludes the court from granting plaintiff any
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further relief in this action. The court makes no findings as to whether any of the contentions

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raised in plaintiff’s objections might support one or more cognizable claims for relief in a new

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civil rights action. In addition, good cause appearing, the court will direct the Clerk of the Court

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to send a courtesy copy of plaintiff’s objections to counsel for the plaintiff class in Ashker v.

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Newsom, Case No. 4:09-05796 CW (N.D. Cal.).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 19, 2021, are adopted in full;

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2. Plaintiff’s motion for preliminary injunction (ECF No. 149) is denied; and

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3. The Clerk of the Court is directed send a courtesy copy of plaintiff’s objections, ECF

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No. 151, to Carmen E. Bremer, Esq., Bremer Law Group PLLC, 1700 Seventh Avenue, Suite

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2100, Seattle, WA 98101.

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DATED: May 23, 2022.

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