Spears v. El Dorado County Courts et al

Filing 37

ORDER signed by District Judge Troy L. Nunley on 2/15/2021 ADOPTING 36 Findings and Recommendations in full; DENYING 26 Motion for Emergency Injunctive Relief, construed as a Motion For a Writ of Mandamus. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN SPEARS, 12 Plaintiff, 13 14 No. 2:16-cv-02655-TLN-DMC v. ORDER EL DORADO COUNTY C.P.S., et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 17 18 1983. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of 19 California local rules. On January 27, 2021, the Magistrate Judge filed findings and recommendations (ECF No. 20 21 36) herein which were served on the parties and which contained notice that the parties may file 22 objections within the time specified therein. The Magistrate Judge recommended denying 23 Plaintiff’s request for a writ a mandamus requiring an officer, agency, and court of the State of 24 California facilitate visitation between Plaintiff and his son. No objections to the findings and 25 recommendations have been filed. The Court has reviewed the file and finds the findings and recommendations to be 26 27 supported by the record and the Magistrate Judge’s analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 The findings and recommendations filed January 27, 2021, are ADOPTED IN FULL; and 2. Plaintiff’s request for emergency injunctive relief, construed as a motion for a writ 5 of mandamus (ECF No. 26) is DENIED. 6 Dated: February 15, 2021 7 8 Troy L. Nunley United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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