-EFB (PC) Jamison v. Davis Enterprise Newspaper et al, No. 2:2010cv00124 - Document 137 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 8/30/11 ORDERING 68 Findings and Recommendations are adopted in full; The magistrate judge's order filed July 19, 2010, is affirmed; Plaintiff's motion for a preliminary injunction is denied; Plaintiff's motion for default judgment is denied, and the Clerk is directed to terminate ECF Nos. 48 , 50 and 53 .(Matson, R)

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-EFB (PC) Jamison v. Davis Enterprise Newspaper et al Doc. 137 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEREMY JAMISON, aka DWAYNE GARRETT, 11 Plaintiff, No. CIV S-10-0124 KJM EFB P 12 vs. 13 BAILLIE, et al., 14 Defendants. ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 25, 2010, plaintiff filed a request for reconsideration of the magistrate 19 20 judge’s order filed July 19, 2010, denying plaintiff’s motion for an injunction and removal from 21 DVI. (Docket No. 50.) Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be 22 upheld unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court 23 finds that the magistrate judge’s ruling is not clearly erroneous or contrary to law. On December 10, 2010, the magistrate judge filed findings and recommendations, 24 25 which were served on plaintiff and which contained notice to plaintiff that any objections to the 26 ///// 1 Dockets.Justia.com 1 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 2 objections to the findings and recommendations. 3 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 4 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, 5 the court finds the findings and recommendations to be supported by the record and by the 6 proper analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The findings and recommendations filed December 10, 2010, are adopted in 9 full; 10 2. The magistrate judge’s order filed July 19, 2010, is affirmed; 11 3. Plaintiff’s motion for a preliminary injunction is denied; 12 4. Plaintiff’s motion for default judgment is denied, and 13 5. The Clerk is directed to terminate ECF Nos. 48, 50 and 53. 14 DATED: August 30, 2011. 15 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 2

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