(PC) Cohea v. Adams et al, No. 1:2008cv01186 - Document 42 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 31 FINDINGS AND RECOMMENDATIONS; and Denying 2 11 25 Motions signed by District Judge Lawrence J. O'Neill on 04/22/2010. (Flores, E)

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(PC) Cohea v. Adams et al Doc. 42 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANNY JAMES COHEA, 10 CASE NO. 1:08-cv-01186-LJO-SKO PC Plaintiff, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (Doc. 2, 11, 25, 31) 12 D. ADAMS, et al., 13 Defendants. / 14 15 Plaintiff Danny James Cohea (“Plaintiff”) is a state prisoner proceeding pro se in this civil 16 rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 17 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 18 On November 18, 2009, the Magistrate Judge filed a Findings and Recommendations which 19 was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and 20 Recommendations was to be filed within thirty days. (Doc. #31.) Plaintiff filed an Objection to the 21 Findings and Recommendations on December 14, 2009. (Doc. #37.) 22 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 23 de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings 24 and Recommendations to be supported by the record and by proper analysis. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. 27 28 The Findings and Recommendations, filed November 18, 2009, are adopted in full; and /// 1 Dockets.Justia.com 1 2. 2 DENIED; 3 3. 4 Plaintiff’s petitions for a writ of mandamus, filed on October 16, 2008 and September 8, 2009, are DENIED; and 5 4. 6 7 Plaintiff’s motion for a temporary restraining order, filed on August 13, 2008, is Plaintiff’s request for this action to be certified as a class action is DENIED. IT IS SO ORDERED. Dated: b9ed48 April 22, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 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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