(PC) Garces v. Gamboa et al, No. 1:2021cv00392 - Document 146 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING Findings and Recommendations 125 , 137 signed by District Judge Jennifer L. Thurston on 5/26/2023. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS MANUEL GARCES, Case No. 1:21-cv-00392-JLT-EPG (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 14 v. (Docs. 125, 137). M. GAMBOA, 15 Defendants. 16 17 Luis Manuel Garces filed a motion that included a request for an order requiring 18 Defendants “release all legal work that is being seized.” (Doc. 125.) The assigned magistrate 19 judge interpreted this request as one under the All Writs Act and entered findings and 20 recommendations, recommending that Plaintiff’s request be denied because Plaintiff failed to 21 show that corrections staff are impeding his ability to litigate this action. (Doc. 137). 22 The Court provided the parties an opportunity to file objections to the findings and 23 recommendations. Plaintiff filed extensive objections to several pending findings and 24 recommendations on May 22, 2023. (Doc. 143.) Plaintiff generally objects on the grounds that the 25 assigned magistrate is biased against Plaintiff and has not properly considered Plaintiff’s 26 declarations and evidence. Plaintiff also filed a declaration in support of his objections. (Doc. 27 145). 28 1 1 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this Court has conducted a de 2 novo review of this case. Plaintiff’s objections and declaration cover numerous subjects but fail to 3 explain with clarity and specificity the legal materials he is unable to access. This stands in 4 contrast to the declarations filed by Defendants, which explain that, aside from days where 5 Plaintiff was transported between facilities, Plaintiff has had physical possession of his legal 6 property or retained the ability to request access to his legal property. Therefore, the Court finds 7 the findings and recommendations to be supported by the record and proper analysis. Thus, the 8 Court ORDERS: 9 1. 10 11 The findings and recommendations issued on April 26, 2023 (Doc. 137), are ADOPTED IN FULL. 2. Plaintiff’s request for an order under the All Writs Act (Doc. 125) is DENIED. 12 13 14 IT IS SO ORDERED. Dated: May 26, 2023 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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