-DLB (PC) Rhodes v. Robinson, et al, No. 1:2002cv05018 - Document 238 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 230 FINDINGS AND RECOMMENDATIONS and DENYING 214 Plaintiff's Motion for Preliminary Injunctive Relief signed by District Judge Lawrence J. O'Neill on 5/13/2011. (Jessen, A)
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-DLB (PC) Rhodes v. Robinson, et al Doc. 238 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 KAVIN M. RHODES, CASE NO. 1:02-CV-05018-LJO-DLB PC 4 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF 5 v. 6 M. ROBINSON, et al., 7 (DOC. 230) Defendants. 8 / 9 10 Plaintiff Kavin M. Rhodes (“plaintiff”) is a California state prisoner proceeding pro se in this 11 civil rights action pursuant to 42 U.S.C. § 1983. On October 12, 2010, Plaintiff filed a motion for 12 temporary restraining order, construed as a motion for preliminary injunctive relief. Doc. 214. The 13 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 14 Local Rule 302. 15 On March 23, 2011, the Magistrate Judge filed a Findings and Recommendations which was 16 served on the parties and which contained notice to the parties that any objection to the Findings and 17 Recommendations was to be filed within twenty-one days. Plaintiff filed an Objection to the 18 Findings and Recommendations on April 14, 2011. Doc. 235. 19 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 20 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 21 Recommendations to be supported by the record and by proper analysis. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The Findings and Recommendations, filed March 23, 2011, is adopted in full; and 2. Plaintiff’s motion for temporary restraining order, construed as a motion for 24 25 preliminary injunctive relief, is denied. 26 IT IS SO ORDERED. 27 28 Dated: b9ed48 May 13, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com