(PC) Giraldes v. Nicolai, et al., No. 2:2016cv00497 - Document 82 (E.D. Cal. 2018)
Court Description: ORDER signed by District Judge Kimberly J. Mueller on 1/16/18, ORDERING that except as modified by this order, the findings and recommendations 59 are ADOPTED in full; and Plaintiff's 41 motion for emergency preliminary is DENIED. (Kastilahn, A)
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(PC) Giraldes v. Nicolai, et al. Doc. 82 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY GIRALDES, JR., 12 13 14 15 No. 2:16-cv-0497 KJM AC P Plaintiff, v. ORDER ALICE NICOLAI, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided 19 by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 6, 2017, the magistrate judge filed findings and recommendations, which 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 23 objections to the findings and recommendations. 24 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 25 court has conducted a de novo review of this case. Having carefully reviewed the file, the court 26 finds the findings and recommendations to be supported by the record and by proper analysis. 27 The court writes separately to modify footnote 1 of the findings and recommendations, ECF No. 28 59 at 1 n.1, by noting that plaintiff’s motion to vacate the settlement conference, ECF No. 40, was 1 Dockets.Justia.com 1 denied on November 20, 2017, ECF No. 74. The settlement conference, conducted as scheduled 2 on November 29, 2017, did not result in settlement of this action. ECF No. 77. 3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Except as modified by this order, the findings and recommendations filed September 6, 5 6 7 2017, are adopted in full; and 2. Plaintiff’s motion for emergency preliminary injunction (ECF No. 41) is denied. DATED: January 16, 2018. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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