(PC) Ellington v. Clark et al, No. 1:2009cv02141 - Document 19 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS and Denying 3 Motion for Injunctive Relief signed by Chief Judge Anthony W. Ishii on 03/31/2010. (Flores, E)

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(PC) Ellington v. Clark et al Doc. 19 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 MARCUS RUBEN ELLINGTON, 13 14 15 16 CASE NO. 1:09-cv-02141-AWI-DLB PC Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR INJUNCTIVE RELIEF v. CLARK, et al., (Docs. 15, 17) Defendants. 17 / 18 19 Plaintiff Marcus Ruben Ellington (“Plaintiff”) is a state prisoner proceeding pro se in this 20 civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States 21 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On March 2, 2010, the Magistrate Judge filed a Findings and Recommendations herein which 23 was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and 24 Recommendations was to be filed within twenty days. Plaintiff filed an Objection to the Findings 25 and Recommendations on March 15, 2010. 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. The court agrees with the 1 Dockets.Justia.com 1 Magistrate Judge that Plaintiff cannot obtain an injunction in this action to remedy the violations of 2 settlement agreements made in other actions. Plaintiff has failed to meet his burden to show no 3 relief remains available in the other actions. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Findings and Recommendations, filed March 2, 2010, is adopted in full; and 6 2. Plaintiff’s motion for injunctive relief, filed December 9, 2009, is denied. 7 8 IT IS SO ORDERED. 9 Dated: 0m8i78 March 31, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT 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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