Saldana v. Spearman et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 7/8/2022 ADOPTING 82 Findings and Recommendations in full. Plaintiff's 81 motion for a preliminary injunction is DENIED. This matter 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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SAMUEL SALDANA,
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Plaintiff,
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No. 2:18-cv-0319 KJM AC P
v.
ORDER
M.E. SPEARMAN, 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.
On May 9, 2022, the magistrate judge filed findings and recommendations, which were
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served on all parties and which contained notice to all parties that any objections to the findings
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and recommendations were to be filed within twenty-one days. ECF No. 82. Neither party has
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filed objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United States,
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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed
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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law
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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court
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/////
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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be
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supported by the record and by the proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed May 9, 2022 (ECF No. 82), are adopted in
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full;
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2. Plaintiff’s motion for a preliminary injunction (ECF No. 81) is DENIED; and
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3. This matter is referred back to the assigned magistrate judge for all further pretrial
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proceedings.
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DATED: July 8, 2022.
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