(PC) Mester v. Dickinson et al, No. 2:2009cv03307 - Document 43 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr on 10/22/10 DENYING 34 Motion to stop transfer; ADOPTING in full 35 FINDINGS AND RECOMMENDATIONS. (Williams, D)
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(PC) Mester v. Dickinson et al Doc. 43 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORRIS MESTER, Plaintiff, 11 12 13 14 vs. K. DICKINSON, et al., Defendants. ORDER / 15 16 No. 2:09-cv-3307 FCD KJN P 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 September 29, 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 twenty-one days. Plaintiff has filed 22 objections to the findings and recommendations. (Dkt. No. 39.) However, plaintiff now 23 withdraws his concerns about his transfer to Salinas Valley State Prison. (Id. at 1.) 24 The court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1 Dockets.Justia.com 1. The findings and recommendations filed September 29, 2010, are adopted in 1 2 full; and 2. The September 23, 2010 motion to stop his transfer to Salinas Valley State 3 4 Prison Level (4) yard (dkt. no. 34), construed as a motion for a temporary restraining order, is 5 denied. 6 DATED: October 22, 2010. 7 8 9 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2