Giraldes, Jr. v. Nicolai, et al.
Filing
82
ORDER signed by District Judge Kimberly J. Mueller on 1/16/18, ORDERING that except as modified by this order, the findings and recommendations 59 are ADOPTED in full; and Plaintiff's 41 motion for emergency preliminary is DENIED. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY GIRALDES, JR.,
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No. 2:16-cv-0497 KJM AC P
Plaintiff,
v.
ORDER
ALICE NICOLAI, 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 September 6, 2017, 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 file, the court
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finds the findings and recommendations to be supported by the record and by proper analysis.
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The court writes separately to modify footnote 1 of the findings and recommendations, ECF No.
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59 at 1 n.1, by noting that plaintiff’s motion to vacate the settlement conference, ECF No. 40, was
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denied on November 20, 2017, ECF No. 74. The settlement conference, conducted as scheduled
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on November 29, 2017, did not result in settlement of this action. ECF No. 77.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Except as modified by this order, the findings and recommendations filed September 6,
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2017, are adopted in full; and
2. Plaintiff’s motion for emergency preliminary injunction (ECF No. 41) is denied.
DATED: January 16, 2018.
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UNITED STATES DISTRICT JUDGE
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