(PS) Alston v. City of Elk Grove et al, No. 2:2011cv00678 - Document 36 (E.D. Cal. 2012)

Court Description: ORDER signed by Judge Kimberly J. Mueller on 3/26/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/15/11 23 are ADOPTED and Plaintiff's MOTION for TEMPORARY RESTRAINING ORDER and a Preliminary Injunction 14 is DENIED. (Mena-Sanchez, L)

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(PS) Alston v. City of Elk Grove 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 CD ALSTON, Plaintiff, 11 vs. 12 13 CIV S-11-0678 KJM CKD PS CITY OF ELK GROVE, et al., 14 Defendants. 15 ORDER __________________________________/ On November 15, 2011, the magistrate judge filed findings and recommendations, 16 17 which were served on the parties and which contained notice that any objections to the findings 18 and recommendations were to be filed within fourteen days. No objections were filed. The court presumes that any findings of fact are correct. See Orand v. United 19 20 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 21 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 22 1983). Having carefully reviewed the file, the court finds the findings and recommendations to 23 be supported by the record and by the proper analysis. 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS ORDERED that the Findings and Recommendations filed 2 November 15, 2011, are ADOPTED and plaintiff’s motion for a temporary restraining order and 3 a preliminary injunction (ECF No. 14) is denied. 4 DATED: March 26, 2012. 5 UNITED STATES DISTRICT JUDGE 6 7 8 alston678.jo 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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