(PC) Miller v. CDC Warden and Staff et al, No. 1:2007cv01416 - Document 48 (E.D. Cal. 2009)
Court Description: ORDER ADOPTING FINDINGS and RECOMMENDATIONS AND DENYINGPLAINTIFFS 37 MOTION FOR PRELIMINARYINJUNCTIVE RELIEF signed by District Judge Lawrence J. O'Neill on 1/8/2009. (Figueroa, O)
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(PC) Miller v. CDC Warden and Staff et al 1 Doc. 48 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 ERNEST MILLER, 5 Plaintiff, 6 7 CASE NO. 1:07-cv-01416-LJO DLB PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF v. A.K. SCRIBNER, et al., (Doc. 37) 8 Defendants. 9 / 10 11 Plaintiff Ernest Miller (“plaintiff”) is a state prisoner proceeding pro se in this civil rights 12 action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 13 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302. 14 On December 18, 2008, the Magistrate Judge filed a Findings and Recommendations herein 15 which was served on plaintiff and which contained notice to plaintiff that any objection to the 16 Findings and Recommendations was to be filed within fifteen days. Plaintiff filed an Objection to 17 the Findings and Recommendations on December 30, 2008. 18 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 19 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 20 and Recommendations to be supported by the record and by proper analysis. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. 23 The Findings and Recommendations, filed December 18, 2008, is adopted in full; and 24 2. Plaintiff’s motion for preliminary injunctive relief, filed August 22, 2008, is HEREBY DENIED.IT IS SO ORDERED. 25 26 Dated: b9ed48 January 8, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 27 28 1 Dockets.Justia.com
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