(PC) Abreu v. Braga, et al, No. 2:2009cv00763 - Document 40 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 8/20/2010 ORDERING 31 FINDINGS AND RECOMMENDATIONS ARE ADOPTED IN FULL; 18 Motion for Preliminary Injunction is denied; and claims against Reyes are dismissed from this action. (Matson, R)
Download PDF
(PC) Abreu v. Braga, et al Doc. 40 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO ABREU, 11 Plaintiff, 12 vs. 13 No. CIV S-09-0763 FCD EFB P F. BRAGA, 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 June 24, 2010, the magistrate judge filed findings and recommendations 20 herein which were served on plaintiff and which contained notice to plaintiff that any objections 21 to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed 22 objections to the findings and recommendations. 23 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 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 June 24, 2010 are adopted in full; 3 2. Plaintiff’s February 10, 2010 motion for a preliminary injunction is denied; 4 5 and 3. Claims against Reyes, as well as equal protection, Eighth Amendment and 6 ADA claims, are dismissed from this action. 7 DATED: August 20, 2010. 8 9 10 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2