Tunstall v. Bodenhamer, et al.

Filing 47

ORDER signed by District Judge John A. Mendez on 10/12/2017 ADOPTING 17 Findings and Recommendations in full and DENYING 16 Motion. (Hunt, G)

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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 July 12, 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 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed July 12, 2017, are adopted in full; 3 2. Plaintiff’s Emergency Motion (ECF No. 16) is denied. 4 DATED: 10/12/2017 5 /s/ John A. Mendez JOHN A. MENDEZ United States District Court Judge 6 7 8 9 10 11 12 13 14 15 16 DLB:9 tuns2665.804 17 18 19 20 21 22 23 24 25 26 27 28 2

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