(PC) Ellington v. Alamieda, et al, No. 2:2004cv00666 - Document 216 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge John A. Mendez on 10/16/2009 ORDERING that the 9/11/2009 findings and recommendations are adopted in full; 208 Motion for a preliminary injunction is denied and 205 Motion for a judgment on the pleadings is denied. (Matson, R)

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(PC) Ellington v. Alamieda, et al Doc. 216 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS RUBEN ELLINGTON, Plaintiff, 11 12 13 14 vs. E.S. ALAMEIDA, et al., Defendants. ORDER / 15 16 No. CIV S-04-0666 JAM KJM P Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 17 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 19 On September 11, 2009, the magistrate judge filed findings and recommendations 20 herein which were served on all parties and which contained notice to all parties that any 21 objections to the findings and recommendations were to be filed within twenty days. Plaintiff 22 has filed objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 72- 24 304, this court has conducted a de novo review of this case. Having carefully reviewed the 25 entire file, the court finds the findings and recommendations to be supported by the record and 26 by proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed September 11, 2009, are adopted in 3 full; 4 2. Plaintiff’s motion for a preliminary injunction (Docket No. 208) is denied; and 5 3. Plaintiff’s motion for judgment on the pleadings (Docket No. 205) is denied. 6 DATED: October 16, 2009. 7 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 8 9 10 /elli0666.805 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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