-SMS (PC) Gaston v. Redmon, No. 1:2009cv01434 - Document 27 (E.D. Cal. 2011)
Court Description: ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DENYING 16 Plaintiff's Motion for Temporary Restraining Order, signed by Chief Judge Anthony W. Ishii on 3/22/2011. (Jessen, A)
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-SMS (PC) Gaston v. Redmon Doc. 27 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY GASTON, 10 11 12 CASE NO. 1:09-cv-01434-AWI-SMS Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER v. TOMMY REDMON, (ECF. Nos. 16, 26) 13 Defendant. / 14 15 Plaintiff Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 16 action pursuant to 42 U.S.C. § 1983. Defendants removed this action from Kern County Superior 17 Court on August 14, 2009. The matter was referred to a United States Magistrate Judge pursuant 18 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 Plaintiff filed a motion seeking the issuance of temporary restraining order on May 3, 2010. 20 On February 3, 2011, the Magistrate Judge filed findings and recommendations which was served 21 on the parties and contained notice to the parties that any objections to the findings and 22 recommendations were to be filed within thirty days. More than thirty days have passed and no 23 objections have been filed. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a 25 de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings 26 and recommendations to be supported by the record and by proper analysis. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The findings and recommendations, filed February 3, 2011, is adopted in full; and 1 Dockets.Justia.com 1 2. Plaintiff’s motion for a temporary restraining order filed May 3, 2010 is DENIED. 2 3 IT IS SO ORDERED. 4 5 Dated: 0m8i78 March 22, 2011 CHIEF 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
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