(PC) Mendez v. California Department of Corrections & Rehabilitation et al

Filing 14

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/17/2023 ADOPTING 11 Findings and Recommendations and DENYING 6 Motion for TRO. This matter is REFERRED back to the assigned Magistrate Judge. (Donati, J)

Case 2:22-cv-01339-KJM-KJN Document 14 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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Ramon Eddie Mendez,

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Plaintiff,

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No. 2:22-cv-1339 KJM KJN P

v.

ORDER

California Department of Corrections &
Rehabilitation, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, 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 September 27, 2022, the magistrate judge filed findings and recommendations, which

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

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and recommendations were to be filed within fourteen days. ECF No. 11. Plaintiff filed

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objections to the findings and recommendations. ECF No. 13.
On October 11, 2022, plaintiff filed a reply, ECF No. 12, to the nonparty’s response by

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special appearance, which opposed issuance of injunctive relief. Plaintiff’s reply is untimely.

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E.D. L.R. 230(l) (replies due not more than fourteen days after the opposition is filed). However,

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Case 2:22-cv-01339-KJM-KJN Document 14 Filed 01/17/23 Page 2 of 2
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because plaintiff is a prisoner proceeding pro se, the court considers plaintiff’s reply in

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conjunction with his objections.

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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 reviewed the file, the court finds the

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findings and recommendations to be 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 September 27, 2022 (ECF No. 11) are

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adopted in full;
2. Plaintiff’s motion for temporary restraining order (ECF No. 6) is denied; 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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