Miner v. Smiley et al

Filing 49

ORDER signed by Senior Judge Morrison C. England, Jr on 8/3/2020 ADOPTING the findings and recommendations filed 7/2/2020, (ECF No. 47 ) in full; and DENYING Plaintiff's motion for a temporary restraining order and/or preliminary injunction (ECF No. 43 ).(Becknal, R)

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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 GREGORY MINER, 12 Plaintiff, 13 14 No. 2:17-cv-01896-MCE-EFB P v. ORDER W. DAVID SMILEY, 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. 20 On July 2, 2020, the magistrate judge filed findings and recommendations herein which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed July 2, 2020, (ECF No. 47) are adopted in full; and 1 1 2 3 2. Plaintiff’s motion for a temporary restraining order and/or preliminary injunction (ECF No. 43) is DENIED. IT IS SO ORDERED. 4 5 Dated: August 3, 2020 6 7 8 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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