(PC) Marrero et al v. Zaragoza et al, No. 1:2010cv00509 - Document 18 (E.D. Cal. 2011)

Court Description: ORDER Adopting 16 FINDINGS AND RECOMMENDATIONS and DENYING 3 Motion for Preliminary Injunction signed by District Judge Lawrence J. O'Neill on 2/3/2011. (Sant Agata, S)

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(PC) Marrero et al v. Zaragoza et al Doc. 18 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 EDWIN MARRERO, 10 Plaintiff, 11 12 CASE NO. 1:10-cv-509-LJO-MJS (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR PRELIMINARY INJUNCTION v. J. ZARAGOZA, et al., 13 (ECF Nos. 3 & 16) Defendants. / 14 15 Plaintiff Edwin Marrero, a state prisoner proceeding pro se and in forma pauperis, has filed 16 this civil rights action seeking relief under Bivens v. Six Unknown Named Agents of Federal Bureau 17 of Narcotics, 403 U.S. 388 (1971). The matter was referred to a United States Magistrate Judge 18 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 20 On December 27, 2010, the Magistrate Judge filed a Findings and Recommendation recommending that Plaintiff’s Motion for Preliminary Injunction be denied. (ECF No. 16.) 21 Plaintiff filed objections to the Findings and Recommendation. Plaintiff challenges the 22 Magistrate Judge’s assertion that Plaintiff is actually seeking a mandatory injunction, and also argues 23 that he has shown that he is likely to succeed on the merits of his case. In accordance with the 24 provisions of 28 U.S.C. § 636(b)(1)(c) and Local Rule 305, this Court has conducted a de novo 25 review of this case and has explicitly considered the objections raised by Plaintiff. Having carefully 26 reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the 27 record and by proper analysis. 28 /// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation, filed December 27, 2010, is adopted in full; 3 2. Plaintiff’s Motion for Preliminary Injunction is DENIED. 4 IT IS SO ORDERED. 5 Dated: 66h44d February 3, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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