Cuviello v. City of Vallejo et al

Filing 41

ORDER signed by District Judge Kimberly J. Mueller on 8/31/17 ORDERING that the FINDINGS AND RECOMMENDATIONS 24 are ADOPTED. Plaintiff's MOTION for Preliminary Injunction 18 is DENIED. (Mena-Sanchez, L)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

JOSEPH P. CUVIELLO,

11

Plaintiff,

12
13

No. 2:16-cv-2584-KJM-KJN (PS)

v.

ORDER

CITY OF VALLEJO, et al.,

14

Defendant.

15
On April 28, 2017, the magistrate judge filed findings and recommendations (ECF No.

16
17

24), which were served on the parties and which contained notice that any objections to the

18

findings and recommendations were to be filed within fourteen (14) days. On May 12, 2017,

19

plaintiff filed objections to the findings and recommendations (ECF No. 28), which have been

20

considered by the court. In addition to his objections, plaintiff has filed an Exhibit A, a color

21

copy of a map that Six Flags Discovery Kingdom purportedly provides on its website, and an

22

Exhibit B, a purported copy of Six Flags’ “Rules and Restrictions for Public Assembly,

23

Expressive Activity and Protests.” See ECF No. 40-1. The court has reviewed these documents

24

as well, while not taking judicial notice of them.

25

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

26

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

27

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

28

/////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The findings and recommendations (ECF No. 24) are ADOPTED.

3

2. Plaintiff’s motion for preliminary injunction (ECF No. 18) is DENIED.

4

DATED: August 31, 2017.

5
6
7

UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2