(PC) Cunningham v. Humphey et al, No. 1:2023cv00564 - Document 17 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 13 Findings and Recommendations, DENYING Plaintiff's 10 Motion for Temporary Restraining Order signed by District Judge Ana de Alba on 7/17/2023. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 L. C. CUNNINGHAM, Case No. 1:23-cv-00564-ADA-SAB (PC) 10 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DENYING PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER 11 v. 12 P. HUMPHEY, et al., (ECF Nos. 10, 13) 13 Defendants. 14 15 16 17 Plaintiff L.C. Cunningham (“Plaintiff”) is proceeding pro se and in forma pauperis in this 18 civil rights action filed 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. 20 On May 11, 2023, the assigned Magistrate Judge issued findings and recommendation 21 recommending that Plaintiff’s motion for a temporary restraining order, (ECF No. 10), be denied 22 preliminary injunction be denied. (ECF No. 13.) The findings and recommendations were served 23 on Plaintiff and contained notice that any objections thereto were to be filed within fourteen days 24 of service. (Id. at 5.) No objections were filed, and the time to do so has passed. 25 According to 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this 26 case. Having carefully reviewed the entire file, the Court finds the findings and recommendations 27 to be supported by the record and by proper analysis. 28 /// 1 1 Accordingly, 2 1. adopted in full; and 3 4 The findings and recommendations issued on May 11, 2023, (ECF No. 13), are 2. Plaintiff’s motion for a temporary restraining order, (ECF No. 10), is denied. 5 6 7 IT IS SO ORDERED. 8 Dated: July 17, 2023 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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