(PC) Turner v. Sacramento County Jail, No. 2:2009cv00117 - Document 93 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 12/17/2010 ADOPTING 80 Findings and Recommendations in full. Pltf's 79 motion for injunctive relief concerning access to legal materials is DENIED without prejudice. (Zignago, K.)
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(PC) Turner v. Sacramento County Jail Doc. 93 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAFONZO R. TURNER, Plaintiff, 11 12 13 No. 2:09-cv-0117 WBS KJN P vs. SACRAMENTO COUNTY SHERIFF, et al., 14 Defendants. 15 16 ORDER / 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 Rule 302. 19 On October 21, 2010, 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-one days. 22 Plaintiff’s objections were due on November 12, 2010. Under the mailbox rule, plaintiff filed 23 untimely objections to the findings and recommendations on November 17, 2010. Good cause 24 appearing, plaintiff’s objections will be considered. 25 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the 1 Dockets.Justia.com 1 entire file, the court finds the findings and recommendations to be supported by the record and 2 by proper analysis. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed October 21, 2010, are adopted in full; 5 and 6 2. Plaintiff’s September 16, 2010 motion for injunctive relief concerning access to 7 legal materials (dkt. No. 79) is denied without prejudice.1 8 DATED: December 17, 2010 9 10 11 12 13 14 /turn0117.805 15 16 17 18 19 20 21 22 23 24 25 1 26 By separate order, defendants have been directed to address plaintiff’s motions concerning lack of access to his legal materials. (Dkt. No. 90.) 2