(PC)Riches v. Rudolph et al, No. 2:2007cv02182 - Document 3 (E.D. Cal. 2007)
Court Description: FINDINGS and RECOMMENDATIONS signed by Judge Gregory G. Hollows on 10/18/07 recommending that pltf's wholly inapposite and unsupported request for a TRO be vacated and this action be dismissed as frivolous. REFERRED to Judge Garland E. Burrell, Jr.. Written objections may be filed within 20 days of being served with these F&R's.(Carlos, K)
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(PC)Riches v. Rudolph et al Doc. 3 Case 2:07-cv-02182-GEB-GGH Document 3 Filed 10/19/2007 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN LEE RICHES, 11 12 13 Plaintiff, No. CIV S- 07-2182 GEB GGH P vs. ERIC ROBERT RUDOLPH, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 Plaintiff, a federal prisoner in South Carolina, asks this court to issue a temporary 17 restraining order prohibiting defendants from, inter alia, distributing plaintiff’s putatively 18 “copyrighted pro-abortion material,” which he contends is accompanied by threats of violence. 19 Plaintiff does not demonstrate that this court has jurisdiction to issue such an order, that this is an 20 appropriate venue for such an order, see 28 U.S.C. § 1391, et seq., or that he has any underlying 21 cognizable claim, see 28 U.S.C. § 1331 et seq. Nor has plaintiff sought leave to proceed in 22 forma pauperis or paid the requisite filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Plaintiff’s 23 request is frivolous and the court will recommend this action be dismissed. 24 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s wholly 25 inapposite and unsupported request for a TRO be vacated and this action be dismissed as 26 frivolous. 1 Dockets.Justia.com Case 2:07-cv-02182-GEB-GGH Document 3 Filed 10/19/2007 Page 2 of 2 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court's order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: 10/18/07 /s/ Gregory G. Hollows 9 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 10 11 GGH:009 rich2182.fr 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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