(PC) Lear v. Avila, et al., No. 2:2017cv00326 - Document 47 (E.D. Cal. 2018)

Court Description: ORDER ADOPTING 44 FINDINGS AND RECOMMENDATIONS in Full signed by District Judge John A. Mendez on 6/25/2018 DENYING 30 Motion to Strike as moot and DENYING 35 Motion for Preliminary Injunction. (Fabillaran, J)
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(PC) Lear v. Avila, et al. Doc. 47 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODERICK WILLIAM LEAR, 12 No. 2:17-cv-0326-JAM-EFB P Plaintiff, 13 v. 14 D. AVILA, et al., 15 ORDER 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 pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 18, 2018, the magistrate judge filed findings and recommendations herein which 20 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. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed May 18, 2018, are adopted in full; 27 28 ///// 1 Dockets.Justia.com 1 2 3 2. Defendants Avila and Christensen’s motion to strike (ECF No. 30) is denied as moot; and 3. Plaintiff’s motion for a preliminary injunction (ECF No. 35) is denied. 4 5 6 7 DATED: June 25, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2