(PC) Avila v. Brown, No. 1:2017cv01328 - Document 22 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 14 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 12 Motion for an Order to Show Cause for a Preliminary Injunction; ORDER DENYING ( 10 at 6-9), signed by Chief Judge Lawrence J. O'Neill on 07/07/18. (Martin-Gill, S)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 DANIEL AVILA, Plaintiff, 11 12 13 14 vs. JERRY BROWN, et al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01328-LJO-BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING MOTION FOR PRELIMINARY INJUNCTION AND EMERGENCY MOTION (Doc. Nos. 10, 12, 14) Plaintiff Christopher Lipsey is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302. 20 Along with his first amended complaint, Plaintiff filed a motion for emergency relief in 21 this action. (Doc. No. 10, at 6-9.) On March 16, 2018, Plaintiff also filed a motion for a 22 preliminary injunction. (Doc. No. 12.) Both motions sought an injunction requiring prison 23 officials to allow him to exchange his black ink pen fillers once per day, and to allow him to 24 possess all of his paper-based legal materials. 25 On April 17, 2018, the Magistrate Judge issued findings and recommendations 26 recommending that these motions be denied. (Doc. No. 14.) The findings and recommendations 27 were served on Plaintiff and contained notice that any objections must be filed within thirty days. 28 (Id. at 3.) That deadline has passed, and no objections were filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted 2 a de novo review of this case and carefully reviewed the entire file. The Court finds that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations, dated April 17, 2018 (Doc. No. 14), are adopted in full; 6 7 2. Plaintiff’s motion for emergency relief (Doc. No. 10, at 6-9) is denied; and 8 3. Plaintiff’s motion for an order to show cause for a preliminary injunction (Doc. No. 12) is denied. 9 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ July 7, 2018 UNITED STATES CHIEF DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2