(PC) Smith v. Davis et al, No. 1:2007cv01632 - Document 72 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS Recommending Plaintiff's Motions for a Preliminary Injunction Be Denied as Moot 63 , 65 , signed by Magistrate Judge Gary S. Austin on 9/3/09: Motions REFERRED to Judge Ishii; Objections to F&R due by 9/21/2009. (Hellings, J)
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(PC) Smith v. Davis et al Doc. 72 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL LENOIR SMITH, 10 11 12 CASE NO. 1:07-cv-01632-AWI-GSA PC Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING PLAINTIFF ’S MOTIONS FOR A PRELIMINARY INJUNCTION BE DENIED AS MOOT v. SGT. DAVIS, et al., (Docs. 63 and 65) 13 Defendants. OBJECTIONS DUE WITHIN FIFTEEN DAYS 14 / 15 Plaintiff Michael Lenoir Smith is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. On June 3, 2009, and June 8, 2009, Plaintiff 17 filed motions seeking a preliminary injunction requiring Warden Ken Clark to provide him with his 18 legal materials, which were confiscated following his transfer to the California Substance Abuse 19 Treatment Facility and his placement in administrative segregation. Defendants did not file a 20 response. 21 In his subsequent motion for an extension of the discovery deadline, filed June 26, 2009, 22 Plaintiff stated that he was provided with his legal material on June 18, 2009. (Doc. 68.) 23 Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s motions for a preliminary 24 injunction, filed June 3, 2009, and June 8, 2009, be DENIED as moot. S.E.C. v. Gemstar-TV Guide 25 Int’l, Inc., 367 F.3d 1087, 1091 (9th Cir. 2004). 26 This Finding and Recommendation will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fifteen (15) 28 1 Dockets.Justia.com 1 days after being served with the Finding and Recommendation, the parties may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Finding and Recommendation.” The parties are advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 5 1153 (9th Cir. 1991). 6 7 8 9 IT IS SO ORDERED. Dated: 6i0kij September 3, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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