(PC) Wright v. Swingle et al, No. 2:2009cv02349 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 2/23/2010 RECOMMENDING that pltf's 15 motion for protective order be denied. Referred to Judge Morrison C. England, Jr.; Objections to F&R due w/in 21 days. (Yin, K)

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(PC) Wright v. Swingle et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL WRIGHT, 11 Plaintiff, 12 13 No. 2:09-cv-2349 MCE JFM (PC) vs. DOROTHY E. SWINGLE, et al., 14 Defendants. 15 / FINDINGS & RECOMMENDATIONS 16 Plaintiff has filed a motion for a protective order. Plaintiff seeks injunctive relief 17 against individuals who are not named as defendants in this action. This court is unable to issue 18 an order against individuals who are not parties to a suit pending before it. See Zenith Radio 19 Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 112 (1969). Accordingly, IT IS HEREBY 20 RECOMMENDED that plaintiff’s January 21, 2010 motion for protective order be denied. 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, any party may file written 24 objections with the court and serve a copy on all parties. Such a document should be captioned 25 ///// 26 ///// 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that 2 failure to file objections within the specified time may waive the right to appeal the District 3 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: February 23, 2010. 5 6 7 8 014.wrig2349.49a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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