(PC) O'Brien v. Gibson et al, No. 1:2021cv01574 - Document 21 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 16 Findings and Recommendations and Denying 11 Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction signed by District Judge Ana de Alba on 6/1/2023. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, 12 13 14 15 Plaintiff, No. 1:21-cv-01574-ADA-GSA (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS v. (ECF No. 16.) CONNIE GIBSON, et al., Defendants. 16 ORDER DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION (ECF No. 11) 17 18 Plaintiff Kory T. O’Brien (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On July 28, 2022, the Magistrate Judge issued findings and recommendations, 22 recommending that Plaintiff’s motion for preliminary injunctive relief, filed on June 17, 2022, be 23 denied. (ECF No. 16.) Plaintiff was granted fourteen days in which to file objections to the findings 24 and recommendations. (Id.) 25 recommendations on Plaintiff at his new address. The time for filing objections has now expired, 26 and Plaintiff has not filed objections or responded otherwise to the findings and recommendations. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 28 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the On August 15, 2022, the Court re-served the findings and 1 1 Court finds the findings and recommendations to be supported by the record and proper analysis. 2 Accordingly, 3 1. 4 5 (ECF No. 16), are ADOPTED IN FULL; 2. 6 7 The findings and recommendations issued by the Magistrate Judge on July 28, 2022, Plaintiff’s motion for a temporary restraining order and/or preliminary injunction, filed on June 17, 2022, (ECF No. 11), is DENIED, and 3. This case is referred back to the Magistrate Judge for further proceedings. 8 9 10 11 IT IS SO ORDERED. Dated: June 1, 2023 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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