Hammler v. Director of CDCR et al

Filing 23

ORDER adopting in full 14 FINDINGS AND RECOMMENDATIONS, signed by District Judge Morrison C. England, Jr., on 4/30/18. Plaintiff's 7 motion for preliminary injunction is DENIED. Plaintiff's 10 motion for class certification is DENIED. The California Department of Corrections and Rehabilitation is DISMISSED as a defendant. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HAMMLER,

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No. 2:17-cv-1949 MCE DB P
Plaintiff,

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v.

ORDER

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DIRECTOR OF CDCR, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action

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

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 14, 2018, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to plaintiff that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 14.) Plaintiff has

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not filed objections to the findings and recommendations. However, plaintiff has filed a response

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to the findings and recommendations. (ECF No. 21.)
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed March 14, 2018 (ECF No. 14), are adopted in
full;

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2. Plaintiff’s motion for preliminary injunction (ECF No. 7) is denied;

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3. Plaintiff’s motion for class certification (ECF No. 10) is denied; and

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4. The California Department of Corrections and Rehabilitation is dismissed as a

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defendant.
IT IS SO ORDERED.
Dated: April 30, 2018

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