(PC) Harris v. Sexton, et al., No. 1:2018cv00080 - Document 18 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and DENYING Request for Preliminary Injunctive Relief 9 , signed by District Judge Dale A. Drozd on 6/21/2018. (Hellings, J)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARNEST S. HARRIS, 12 Plaintiff, 13 v. 14 SEXTON, et al., 15 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING REQUEST FOR PRELIMINARY INJUNCTIVE RELIEF Defendants. (Doc. No. 9) 16 17 18 19 No. 1:18-cv-00080-DAD-SAB Plaintiff Earnest S. Harris is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. 20 § 636(b)(1)(B) and Local Rule 302. On March 15, 2018, the assigned magistrate judge issued 21 findings and recommendations recommending that plaintiff’s request for preliminary injunctive 22 relief raised in his civil rights complaint be denied. The findings and recommendations were 23 served on plaintiff and contained notice that any objections were to be filed within twenty-one 24 days. Plaintiff filed objections April 9, 2018. (Doc. No. 13.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has 26 conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 undersigned concludes the findings and recommendations are supported by the record and by 28 proper analysis. Plaintiff’s objections do not demonstrate that he is likely to succeed on the 1 1 merits of this action, even though certain of his claims have been found cognizable. 2 Accordingly: 3 1. The findings and recommendations issued on March 15, 2018 (Doc. No. 9) are 4 5 6 7 adopted in full; and 2. Plaintiff’s request for preliminary injunctive relief is denied. IT IS SO ORDERED. Dated: June 21, 2018 UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2