Waters v. Ybarra
Filing
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ORDER signed by Judge Garland E. Burrell, Jr on 11/29/11; IT IS HEREBY ORDERED that, upon reconsideration, the order of the magistrate judge filed October 28, 2011, is affirmed. (Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL LYNN WATERS,
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Plaintiff,
No. 2:11-cv-2822 GEB KJN P
Defendant.
ORDER
vs.
T. YBARRA,
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/
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On November 7, 2011, plaintiff filed a request for reconsideration of the
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magistrate judge’s order filed October 28, 2011, denying plaintiff’s motion for preliminary
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injunction. Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld
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unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court finds that
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it does not appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.1
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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the
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magistrate judge filed October 28, 2011, is affirmed.
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Dated: November 29, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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Plaintiff contends the denial of the motion was based on plaintiff’s alleged failure to
exhaust administrative remedies. However, the motion was denied without prejudice because
plaintiff is required to file a complaint in order to commence an action. Fed. R. Civ. P. 3.
Plaintiff has not yet filed a complaint, and paid the filing fee or filed a request to proceed in
forma pauperis.
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