Palacios vs. Smith, et al.

Filing 54

ORDER signed by District Judge Troy L. Nunley on 10/4/2019 ADOPTING 52 Findings and Recommendations in full and DENYING 51 Motion for Temporary Restraining Order or Preliminary Injunction. (Huang, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JORGE PALACIOS,

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No. 2:17-cv-02500-TLN-CKD

Plaintiff,
v.

ORDER

KEVIN SMITH, et al.,
Defendants.

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Plaintiff Jorge Palacios, a state prisoner proceeding pro se, has filed this civil rights action

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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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

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On August 21, 2019, the magistrate judge filed findings and recommendations herein

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

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the findings and recommendations were to be filed within twenty-one days. (ECF No. 52.)

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Neither party has filed objections to the Findings and Recommendations.

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Accordingly, the Court presumes that any findings of fact are correct. See Orand v.

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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are

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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.

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1983). Having reviewed the file, the Court finds the Findings and Recommendations to be

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

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1. The Findings and Recommendations, filed August 21, 2019 (ECF No. 52), are adopted

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in full;
2. Plaintiff’s motion for temporary restraining order or preliminary injunction, titled
“Motion for Injunction of Temporary Restraining Order” (ECF No. 51), is DENIED.
IT IS SO ORDERED.
Dated: October 4, 2019

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Troy L. Nunley
United States District Judge

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