(PC) Dillingham v. Emerson, No. 1:2018cv00507 - Document 93 (E.D. Cal. 2020)

Court Description: ORDER ADOPTING 90 Findings and Recommendations, DENYING 88 Plaintiff's Motion for Emergency Administrative Relief, signed by District Judge Anthony W. Ishii on 10/16/2020. (Rivera, O)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 JERRY DILLINGHAM, Case No. 1:18-cv-00507-AWI-SAB (PC) 11 Plaintiff, 12 v. 13 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTION FOR EMERGENCY ADMINISTRATIVE RELIEF N. EMERSON, et al., 14 (ECF Nos. 88, 90) Defendants. 15 16 Plaintiff Jerry Dillingham is a state prisoner proceeding pro se and in forma pauperis in 17 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(b)(1)(B) and Local Rule 302. On September 17, 2020, the assigned Magistrate Judge issued findings and 20 21 recommendations recommending that Plaintiff’s motion for emergency administrative relief be 22 denied. (ECF No. 90.) The findings and recommendations were served on the parties and 23 contained notice that any objections thereto were to be filed within fourteen (14) days after 24 service. (Id. at 3.) No objections were filed and the time to do so has expired. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a 25 26 de novo review of this case. Having carefully reviewed the entire file, the Court finds that the 27 findings and recommendations are supported by the record and by proper analysis. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 90) are adopted in full; and 3 2. Plaintiff’s motion for emergency administrative relief (ECF No. 88) is denied. 4 5 6 IT IS SO ORDERED. Dated: October 16, 2020 SENIOR DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2