Etuate Sekona v. Lizarraga et al

Filing 71

ORDER signed by District Judge Kimberly J. Mueller on 7/23/19 ADOPTING 58 Findings and Recommendations in full and DENYING 52 Motion for TRO. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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No. 2:17-cv-0346-KJM-EFB P

Plaintiff,
v.

ORDER

JOE LIZARRAGA, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided

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by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 28, 2019, the magistrate judge filed findings and recommendations, which were

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served on all parties and which contained notice to all parties that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the

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findings and recommendations.

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

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

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

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with the magistrate judge’s observation at page 2, lines 10-11 of the findings and

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recommendations, ECF No. 58, while plaintiff may not raise in this action claims based on events
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that occurred at Kern Valley State Prison described in his objections, he may be able to initiate a

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new action based on those alleged events.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 28, 2019, are adopted in full; and

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2. Plaintiff’s motion for temporary restraining order (ECF No. 52) is denied.

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DATED: July 23, 2019.

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UNITED STATES DISTRICT JUDGE

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