(PC) Rouser v. Covello et al
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 01/17/2023 ADOPTING 28 Findings and Recommendations in full; DENYING 9 Motion for Preliminary Injunction without prejudice. This matter is REFERRED back to the assigned Magistrate Judge for all further pretrial proceedings. (Rodriguez, E)
Case 2:21-cv-01396-KJM-JDP Document 31 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WILLIAM ROUSER,
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No. 2:21-cv-01396-KJM-JDP (PC)
Plaintiff,
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v.
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S. GYLES, et al.,
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ORDER
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 November 3, 2022, the magistrate judge filed findings and recommendations, 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. Neither party has filed
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objections to the findings and recommendations.
The court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d
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207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See
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Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the
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magistrate judge are reviewed de novo by both the district court and [the appellate] court
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Case 2:21-cv-01396-KJM-JDP Document 31 Filed 01/17/23 Page 2 of 2
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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:
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1. The findings and recommendations filed November 3, 2022, are adopted in full;
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2. Plaintiff’s motion for preliminary injunctive relief, ECF No. 9, is denied without
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prejudice; and
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: January 17, 2023.
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