(PS) McGee v. State of California, No. 2:2009cv00740 - Document 21 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 9/30/2010 ORDERING 18 Findings and Recommendations are adopted in full; and DENYING 13 Motion for TRO and Motion for Preliminary Injunction. (Matson, R)
Download PDF
(PS) McGee v. State of California Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFERSON A. McGEE, 11 Plaintiff, 12 13 No. CIV S-09-0740 GEB EFB PS vs. THE STATE OF CALIFORNIA, et al., 14 15 Defendants. __________________________________/ ORDER 16 On August 24, 2010, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within fourteen days. No objections were filed. 19 Accordingly, the court presumes any findings of fact are correct. See Orland v. 20 United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). 23 The court has reviewed the applicable legal standards and, good cause appearing, 24 concludes that it is appropriate to adopt the proposed Findings and Recommendations in full. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that: 2 1. The proposed Findings and Recommendations filed August 24, 2010, are 3 4 ADOPTED; and 2. Plaintiff’s application for a temporary restraining order and preliminary 5 injunction, Dckt. No. 13, is denied. 6 Dated: September 30, 2010 7 8 9 GARLAND E. BURRELL, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2