Tunstall v. Bodenhamer, et al.

Filing 18

ORDER signed by District Judge John A. Mendez on 7/14/2017 ADOPTING in FULL 12 Findings and Recommendations; Motions for injunctive relief 6 , 7 , 9 , 10 , 11 are DENIED. (Washington, S)

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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 ROBERT WILLIAM TUNSTALL, Jr., 12 Plaintiff, 13 14 No. 2:16-cv-2665 JAM DB P v. ORDER D. BODENHAMER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 18, 2017, the magistrate judge filed findings and recommendations herein which 20 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the 23 findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 //// 1 1 The court notes that in his objections, plaintiff again complains of his lack of access to the 2 law library. Plaintiff requests library access for two hours a day, five days a week. While the 3 court will not intervene to provide plaintiff this level of access, the court recognizes that plaintiff 4 may require some library access to respond to the magistrate judge’s order giving plaintiff thirty 5 days to file an amended complaint. If plaintiff is being denied sufficient library access, he may 6 file a short, plain motion describing what library access, if any, he is currently receiving and 7 explaining briefly why that access is not sufficient to meet the current deadline in this case. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The findings and recommendations filed May 18, 2017, are adopted in full; and 10 2. Plaintiff’s motions for injunctive relief (ECF Nos. 6, 7, 9, 10, and 11) are denied. 11 12 Dated: July 14, 2017 13 /s/ JOHN A. MENDEZ John A. Mendez United States District Court Judge 14 15 16 17 18 19 20 21 22 23 DLB:9 tuns2665.804 24 25 26 27 28 2

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