-EFB (PC) Holley v. Swarthout et al, No. 2:2010cv00615 - Document 36 (E.D. Cal. 2011)

Court Description: ORDER signed by Judge Frank C. Damrell, Jr. on 5/2/2011 ADOPTING 31 Findings and Recommendations in full. Pltf's 23 Motion for TRO is DENIED. (Zignago, K.)
Download PDF
-EFB (PC) Holley v. Swarthout et al Doc. 36 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOEL HOLLEY, Plaintiff, 11 vs. 12 13 No. CIV S-10-0615 FCD EFB P GARY SWARTHOUT, et al., Defendants. 14 ORDER / 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action 16 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. On March 17, 2011, 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 2 1. The findings and recommendations filed March 17, 2011, are adopted in full; and 3 2. Plaintiff’s February 16, 2011 request for a temporary restraining order is 4 denied. 5 DATED: May 2, 2011. 6 7 8 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2