Hammler v. Haas, et al.

Filing 175

ORDER signed by District Judge Dale A. Drozd on 2/21/2023 ADOPTING 172 The Findings and Recommendations in full; and Plaintiff's 158 Motion to delay his transfer to a different facility prior to the trial of this action DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:15-cv-02266-DAD-AC

Plaintiff,
v.
HAAS, et al.,
Defendant.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
PLAINTIFF’S MOTION TO DELAY HIS
TRANSFER TO A DIFFERENT FACILITY
BEFORE TRIAL
(Doc. Nos. 158, 172)

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Plaintiff Allen Hammler is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 302.

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On January 31, 2023, the assigned magistrate judge issued findings and recommendations

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recommending that plaintiff’s motion to delay his transfer to a different facility prior to the trial

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of this action be denied because plaintiff’s request for such injunctive relief is directed at non-

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parties over whom the court lacks personal jurisdiction. (Doc. No. 172.) Those findings and

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recommendations were served on plaintiff and contained notice that any objections thereto were

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to be filed within fourteen (14) days from the date of service. (Id. at 3.) To date, no objections

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have been filed, and the time in which to do so has now passed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the court finds the findings

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and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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adopted in full; and

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2.

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Plaintiff’s motion to delay his transfer to a different facility prior to the trial of this
action (Doc. No. 158) is denied.

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The findings and recommendations issued on January 31, 2022 (Doc. No. 172) are

IT IS SO ORDERED.
Dated:

February 21, 2023
UNITED STATES DISTRICT JUDGE

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