(PC) Herrera v. Gardner et al, No. 2:2010cv01744 - Document 28 (E.D. Cal. 2011)
Court Description: ORDER signed by Judge Garland E. Burrell, Jr on 1/31/2011 ADOPTING 14 Findings and Recommendations in full and DENYING 8 Motion for a temporary restraining order. (Donati, J)
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(PC) Herrera v. Gardner et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARMANDO HERRERA, 11 Plaintiff, 12 vs. 13 No. CIV S-10-1744 GEB EFB P GARDNER, 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 October 19, 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. 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 entire 25 file, the court finds the findings and recommendations to be supported by the record and by 26 proper analysis. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 19, 2010, are adopted in full; 3 4 5 and 2. Plaintiff’s motion for a temporary restraining order, Dckt. No. 8, is denied. Dated: January 31, 2011 6 7 8 GARLAND E. BURRELL, JR. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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