(PC) Hawthorne v. Mendoza-Power et al, No. 1:2007cv01101 - Document 128 (E.D. Cal. 2012)
Court Description: ORDER adopting 124 FINDINGS AND RECOMMENDATIONS and denying 114 Motion for preliminary injunction signed by District Judge Lawrence J. O'Neill on 12/5/2012. (Lundstrom, T)
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(PC) Hawthorne v. Mendoza-Power et al Doc. 128 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RALPH KELLY HAWTHORNE, JR., 10 11 12 CASE NO. 1:07-cv-01101-LJO-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION v. KATHY MENDOZA-POWER, et al., ECF No. 124 13 Defendants. 14 / 15 16 Plaintiff Ralph Kelly Hawthorne, Jr., (“Plaintiff”) is a California state prisoner proceeding 17 pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On June 5, 2012, Plaintiff filed a 18 motion requesting that the Court order the warden of Avenal State Prison to process his legal mail. 19 ECF No. 114. The motion is construed as one for preliminary injunction. The matter was referred 20 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On October 10, 2012, the Magistrate Judge filed a Findings and Recommendations which 22 was served on the parties and which contained notice to the parties that any objection to the Findings 23 and Recommendations was to be filed within fourteen days. ECF No. 124. After receiving an 24 extension of time, Plaintiff filed an Objection to the Findings and Recommendations on November 25 13, 2012. ECF No. 127. 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1), this Court has conducted a de 27 novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and 28 Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendations, filed October 10, 2012, is adopted in full; and 3 2. Plaintiff’s motion, filed June 5, 2012, and construed as a motion for preliminary 4 injunction, is denied. 5 IT IS SO ORDERED. 6 Dated: b9ed48 December 5, 2012 /s/ Lawrence J. O'Neill 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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