(PC) Asberry v. Cate et al, No. 2:2009cv01494 - Document 31 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 29 FINDINGS AND RECOMMENDATIONS in full signed by Judge Morrison C. England, Jr. on 07/28/11 and ORDERING that petitioner's 25 Motion for Preliminary Injunction is DENIED. (Benson, A.)
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(PC) Asberry v. Cate et al Doc. 31 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY ASBERRY, 12 13 No. 2:09-cv-1494-MCE-KJN-P Plaintiff, vs. ORDER 14 MATTHEW CATE, et al., 15 Defendants. 16 17 / Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 2, 2011, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within twenty-one days. Neither party has 23 filed objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1 2 3 4 1. The findings and recommendations filed June 2, 2011 (ECF No. 29), are ADOPTED in full. 2. Petitioner’s motion for a preliminary injunction (ECF No. 25) is DENIED. Dated: July 28, 2011 5 6 7 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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