(PC) Hightower v. Schwarzenegger, et al, No. 1:2004cv06028 - Document 122 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING 112 Findings and Recommendations, and DENYING Plaintiff's 104 Request for Preliminary Injunction to Direct Access to Law Library signed by Judge Oliver W. Wanger on 9/9/2009. (Figueroa, O)
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(PC) Hightower v. Schwarzenegger, et al Doc. 122 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 THOMAS HIGHTOWER, 10 11 12 CASE NO. 1:04-cv-06028-OWW-SMS (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S REQUEST FOR PRELIMINARY INJUNCTION TO DIRECT ACCESS TO THE LAW LIBRARY v. ARNOLD SCHWARZENEGGER, et. al., 13 Defendants. (Docs. 104, 112) 14 OBJECTIONS DUE IN THIRTY (30) DAYS 15 / 16 Plaintiff, Thomas Hightower, a state prisoner proceeding pro se and in forma pauperis, 17 has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred 18 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 19 On June 23, 2009, the Magistrate Judge filed a Findings and Recommendations herein 20 which was served on the parties and which contained notice to the parties that any objections to 21 the Report and Recommendation were to be filed within thirty days. On July 27, 2009, Plaintiff 22 filed objections. Defendants have not filed objections. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 24 de novo review of this case. Having carefully reviewed the entire file, the Court finds the 25 Findings and Recommendation to be supported by the record and by proper analysis. 26 Accordingly, the Court HEREBY ORDERS: 27 1. The Findings and Recommendation, filed June 23, 2009, is adopted in full; and 28 1 Dockets.Justia.com 1 2 2. Plaintiff’s motion for preliminary and permanent injunctive relief, as stated in his motion filed June 2, 2009, is DENIED without prejudice. 3 4 5 IT IS SO ORDERED. 6 Dated: September 9, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 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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