(HC) Rodgers v. Swarthout, et al, No. 2:2010cv00581 - Document 20 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge John A. Mendez on 9/29/10 ORDERING that the 19 Findings and Recommendations are ADOPTED in full; Petitioner's 14 Motion for Preliminary Injunction is DENIED, and his claim for relief with respect to Marsy's Law (grounds 1 and 2 involving the deferred parole eligibility hearing date) is STRICKEN without prejudice to their resolution in the Gilman class action. (Owen, K)
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(HC) Rodgers v. Swarthout, et al Doc. 20 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH SCOTT RODGERS, Petitioner, 11 vs. 12 13 No. CIV S-10-0581 JAM GGH P GARY SWARTHOUT, et al., Respondent. 14 ORDER / 15 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 16 17 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 18 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 24, 2010, the magistrate judge filed findings and recommendations 19 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 fourteen days. Neither 22 party has filed objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 23 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 ///// 1 Dockets.Justia.com 1. The findings and recommendations filed August 24, 2010 (docket # 19), are 1 2 adopted in full; and 2. Petitioner’s motion for a preliminary injunction, filed on June 18, 2010 (docket 3 4 # 14), is denied, and his claim for relief with respect to Marsy’s Law (grounds 1 and 2 above 5 involving the deferred parole eligibility hearing date) is stricken without prejudice to their 6 resolution in the Gilman class action. 7 DATED: September 29, 2010. 8 /s/ John A. Mendez UNITED STATES DISTRICT JUDGE 9 10 /rodg0581.800 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2