(PC) Holston v. Nieto, No. 2:2015cv01870 - Document 59 (E.D. Cal. 2016)
Court Description: ORDER signed by District Judge Garland E. Burrell, Jr on 8/29/2016 FINDINGS AND RECOMMENDATIONS 46 are ADOPTED in FULL; and Plaintiff's 11 Motion for Preliminary Injunction is DENIED. (Reader, L)
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(PC) Holston v. Nieto Doc. 59 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THERON KENNETH HOLSTON, 12 No. 2:15-cv-1870 GEB CKD P Plaintiff, 13 v. 14 FRANK NIETO, 15 ORDER Defendant. 16 17 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On June 28, 2016, the magistrate judge filed findings and recommendations herein which 21 were served on plaintiff and which contained notice to plaintiff that any objections to the findings 22 and recommendations were to be filed within fourteen days. Plaintiff was granted an extension of 23 time until August 22, 2016 to file objections. (ECF No. 50.) That date has passed, and plaintiff 24 has not filed objections to the findings and recommendations. 25 The court presumes that any findings of fact are correct. See Orand v. United States, 602 26 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. 27 See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having 28 reviewed the file, the court finds the findings and recommendations to be supported by the record 1 Dockets.Justia.com 1 and by the magistrate judge’s analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed June 28, 2016, are adopted in full; and 4 2. Plaintiff’s motion for preliminary injunction (ECF No. 11) is denied. 5 Dated: August 29, 2016 6 7 8 9 10 11 2 / hols1870.800 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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