(PC) Marceleno v. California Department of Corrections and Rehabiliation et al, No. 1:2017cv01136 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 15 FINDINGS AND RECOMMENDATIONS; ORDER Denying Plaintiff's 11 Motion for Preliminary Injunction Relief signed by Chief Judge Lawrence J. O'Neill on 04/19/2018. (Flores, E)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIK ABELINO MARCELENO, 12 13 14 Plaintiff, vs. 15 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 1:17-cv-01136-LJO-GSA-PC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 15.) ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF (ECF No. 11.) 17 18 19 Erik Abelino Marceleno (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to 21 a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On March 21, 2018, findings and recommendations were entered, recommending that 23 Plaintiff’s motion for preliminary injunctive relief be denied. (ECF No. 15.) Plaintiff was 24 granted fourteen days in which to file objections to the findings and recommendations. (Id.) 25 On April 2, 2018, Plaintiff filed a response to the findings and recommendations, indicating 26 that he has no objections to the findings and recommendations, because his motion for 27 preliminary injunctive relief is now moot. (ECF No. 16.) No other objections have been filed, 28 and the time for filing objections has expired. 1 1 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 2 court has conducted a de novo review of this case. Having carefully reviewed the entire file, 3 the court finds the findings and recommendations to be supported by the record and proper 4 analysis. 5 Accordingly, THE COURT HEREBY ORDERS that: 6 1. 7 8 The findings and recommendations issued by the Magistrate Judge on March 21, 2018, are ADOPTED IN FULL; and 2. 9 Plaintiff’s motion for preliminary injunctive relief, filed on December 22, 2017, is DENIED. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ April 19, 2018 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2