(PC) Pogue v. Tilton, No. 2:2005cv01873 - Document 169 (E.D. Cal. 2009)

Court Description: ORDER signed by Judge Morrison C. England, Jr on 12/23/09 ORDERING the Findings and Recommendations 161 are ADOPTED IN FULL; pltf's request for a temporary restraining order 158 is DENIED. (Carlos, K)

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(PC) Pogue v. Tilton Doc. 169 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 L. QIYAM POGUE, 10 11 12 13 Plaintiff, vs. JEANNE WOODFORD, et al., Defendants. 14 15 No. CIV S-05-1873 MCE GGH P ORDER / Plaintiff, a state prisoner, has filed this civil rights action seeking relief under 42 16 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 17 U.S.C. § 636(b)(1)(B) and Local General Order No. 262. 18 On October 27, 2009, the magistrate judge filed findings and recommendations 19 herein which were served on all parties and which contained notice to all parties that any 20 objections to the findings and recommendations were to be filed within twenty days. Plaintiff 21 filed objections to the findings and recommendations on November 9, 2009. Defendants filed 22 their reply to the objections on November 19, 2009. 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 entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations, filed October 27, 2009 (Docket No. 161), 3 are adopted in full; and 4 2. Plaintiff’s October 19, 2009 (Docket No. 158), request for a TRO/preliminary 5 injunctive relief to require CDCR/PVSP to provide him with a Kosher diet at this time is denied. 6 Dated: December 23, 2009 7 8 9 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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