Walker v. Kernan et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 9/12/2018 ADOPTING 15 findings and recommendations in full. Plaintiff's 10 motion for injunctive relief is DENIED. Plaintiff's 14 motion for stay is DENIED. This case is REFERRED back to the assigned Magistrate Judge for all further pretrial proceedings. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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G. DANIEL WALKER,
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No. 2:17-cv-1764 KJM DB P
Plaintiff,
v.
ORDER
SCOTT KERNAN, et al.,
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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 August 2, 2018, the magistrate judge filed findings and recommendations, which were
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served on plaintiff and which contained notice to plaintiff that any objections to the findings and
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recommendations were to be filed within fourteen days. (ECF No. 15.) Plaintiff has not filed
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objections to the findings and recommendations.
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The court presumes that any findings of fact are correct. See Orand v. United States, 602
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F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo.
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See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed
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the file, the court finds the findings and recommendations to be supported by the record and by
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the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed August 2, 2018, are adopted in full;
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2. Plaintiff’s motion for injunctive relief (ECF No. 10) is denied;
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3. Plaintiff’s motion for stay (ECF No. 14) is denied;
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4. This case is referred back to the assigned Magistrate Judge for all further pretrial
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proceedings.
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DATED: September 12, 2018.
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UNITED STATES DISTRICT JUDGE
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