Hammler v. Director of CDCR et al

Filing 76

ORDER signed by District Judge Morrison C. England, Jr on 9/10/19 ADOPTING 61 Findings and Recommendations and DENYING 54 Motion for injunctive relief. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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No. 2:17-cv-01949 MCE DB P

Plaintiff,
v.

ORDER

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DIRECTOR OF CDCR, 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. Plaintiff claims prison officials have failed to provide him with safe

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living conditions in violation of the Eighth Amendment. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On July 11, 2019, the magistrate judge filed findings and recommendations herein which

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

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findings and recommendations were to be filed within fourteen days. (ECF No. 61.) Plaintiff did

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not file objections or request additional time to file objections during the time provided.

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However, plaintiff has alleged in his motion to enforce (ECF No. 69) that he refrained from filing

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objections because the court’s order and findings and recommendations (ECF No. 61) instructed

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counsel for defendants to submit a response informing the court of plaintiff’s housing status and

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any measures taken to address his safety concerns.
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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 carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed July 11, 2019, are adopted in full; and

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2. Plaintiff’s motion for injunctive relief (ECF No. 54) is denied.

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IT IS SO ORDERED.

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Dated: September 10, 2019

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/hamm1949.805.ecf54

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