(PC) Martinez v. Brown et al, No. 1:2019cv00967 - Document 32 (E.D. Cal. 2020)

Court Description: ORDER DENYING Reconsideration of August 10, 2020 Order Adopting Findings and Recommendations signed by District Judge Anthony W. Ishii on 12/2/2020. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICARDO MARTINEZ, Plaintiff, 12 13 14 15 vs. K. BROWN, et al., 1:19-cv-00967-AWI-GSA-PC ORDER DENYING RECONSIDERATION OF AUGUST 10, 2020 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF No. 25.) Defendants. 16 17 18 Ricardo Martinez (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 19 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on 20 June 19, 2019. (ECF No. 1.) 21 On June 29, 2020, findings and recommendations were issued, recommending that 22 Plaintiff’s motions for preliminary injunctive relief, filed on June 19, 2019, and May 21, 2020, 23 be denied. (ECF No. 23.) Plaintiff did not file timely objections or any other response to the 24 findings and recommendations. On August 10, 2020, the undersigned adopted the findings and 25 recommendations in full. (ECF No. 24.) 26 On August 24, 2020, Plaintiff notified the court that on July 8, 2020, he had mailed 27 timely objections to the findings and recommendations to the court. (ECF No. 25.) Plaintiff 28 attached a copy of the purported objections. (Id. at 2.) The court finds no evidence that the 1 1 court received the objections. Nevertheless, the court has now reviewed and considered the 2 objections as if timely filed and finds no basis for reconsideration of the August 10, 2020 order 3 adopting the findings and recommendations. 4 5 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for reconsideration (Doc. No. 25) is DENIED. 6 7 8 9 IT IS SO ORDERED. Dated: December 2, 2020 SENIOR DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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