Velasquez v. Robustelli

Filing 32

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/27/2017 RECOMMENDING plaintiff's 20 motion for a "restraining order" be denied. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Yin, K)

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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 DENICIO VELAQUEZ, 12 No. 2:16-cv-1131 JAM CKD P Plaintiff, 13 v. 14 J. ROBUSTELLI, 15 FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is California prisoner proceeding pro se with an action for violation of civil rights 17 18 under 42 U.S.C. § 1983. Defendant is a Correctional Officer at the California Medical Facility. 19 On December 19, 2016, plaintiff filed a motion asking that the court order that defendant not be 20 permitted to work where plaintiff is housed. After plaintiff filed his motion, he was transferred 21 to California State Prison, Sacramento. Therefore, plaintiff’s motion is moot. Preiser v. 22 Newkirk, 422 U.S. 395, 402-03 (1975). Plaintiff argues the transfer was actually an act of 23 retaliation for the filing of this lawsuit. While plaintiff might have basis to initiate a separate civil 24 action based upon his transfer, is does not change the conclusion that plaintiff’s request for 25 injunctive relief is moot. In accordance with the above, IT IS HEREBY RECOMMENDED that plaintiff’s motion 26 27 for a “restraining order” (ECF No. 20) be denied. 28 ///// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be served and filed within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: March 27, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 1 vela1131.tro 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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