(PC) McClain v. Gonzales et al, No. 1:2007cv00945 - Document 55 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING IN FULL 49 FINDINGS AND RECOMMENDATIONS; DENYING Plaintiffs request for preliminary injunctive relief, signed by Judge Oliver W. Wanger on 9/2/2010. (Marrujo, C)
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(PC) McClain v. Gonzales et al Doc. 55 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 NAKIA MCCLAIN, 10 CASE NO. 1:07-cv-00945-OWW-SKO PC Plaintiff, 11 ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. (Doc. 49) 12 L. GONZALES, et al., 13 Defendants. / 14 15 Plaintiff Nakia McClain (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United 17 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On June 28, 2010, the Magistrate Judge issued a Findings and Recommendations which 19 recommended that Plaintiff’s request for a preliminary injunction be denied. (Doc. #49.) The 20 Findings and Recommendations were served on all parties and contained notice that any objections 21 to the Findings and Recommendations were to be filed within thirty (30) days of the date on which 22 the Findings and Recommendations were served. Neither party has filed objections to the Findings 23 and Recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 25 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 26 finds the Findings and Recommendations to be supported by the record and by proper analysis. 27 /// 28 /// 1 Dockets.Justia.com 1 Accordingly, the Court HEREBY ORDERS that: 2 1. The June 28, 2010 Findings and Recommendations are ADOPTED in full; and 3 2. Plaintiff’s request for preliminary injunctive relief is DENIED. 4 IT IS SO ORDERED. 5 Dated: September 2, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2