(PC) Villery v. California Department of Corrections, et al., No. 1:2015cv00987 - Document 84 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 58 Findings and Recommendations to Deny Plaintiff's 57 Emergency Motion Under the All Writs Act, signed by District Judge Dale A. Drozd on 4/23/18. (Marrujo, C)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JARED M. VILLERY, 12 Plaintiff, 13 14 No. 1:15-cv-00987-DAD-BAM v. JEFFREY BEARD, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF’S EMERGENCY MOTION UNDER THE ALL WRITS ACT Defendant. 16 (Doc. Nos. 57, 58) 17 Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in 18 19 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 24, 2018, the assigned magistrate judge issued findings and recommendations 21 22 recommending that plaintiff’s emergency motion for an extraordinary writ under the All Writs 23 Act, 28 U.S.C. § 1651, seeking to prevent his transfer to a different institution of confinement, be 24 denied. (Doc. No. 58.) Plaintiff was directed to file any objections to the findings and 25 recommendations within fourteen days. No objections were filed within the time permitted. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 26 27 court has conducted a de novo review of plaintiff’s request. Having carefully reviewed the entire 28 ///// 1 1 file, the court finds the findings and recommendations to be supported by the record and proper 2 analysis. 3 Accordingly: 4 1. The findings and recommendations issued on January 24, 2018 (Doc. No. 58) are 5 6 adopted in full; and 2. Plaintiff’s emergency motion for an extraordinary writ under the All Writs Act, 28 7 8 9 U.S.C. § 1651 (Doc. No. 57) is denied. IT IS SO ORDERED. Dated: April 23, 2018 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2