(PC)Springfield v. Valencia et al, No. 2:2019cv00965 - Document 27 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Kimberly J. Mueller on 11/19/2019 ADOPTING in full the findings and recommendations filed 8/26/2019; DENYING Plaintiff's motion for a preliminary injunction (ECF No. 11 ); Based on plaintiff's election to proceed on the cognizable claims screened by the court, defendant N. Counture is DISMISSED without prejudice; and this matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)

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(PC)Springfield v. Valencia et al Doc. 27 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CIRON B. SPRINGFIELD, 12 Plaintiff, 13 14 15 v. No. 2:19-cv-0965 KJM CKD P ORDER A. VALENCIA, 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 August 26, 2019, the magistrate judge filed findings and recommendations, 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 has filed objections to the 23 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 reviewed the file, the court finds the 26 findings and recommendations to be supported by the record and by proper analysis. While the 27 court denies plaintiff’s request for a preliminary injunction, it has provided copies of plaintiff’s 28 objections and the two declarations supporting the objections to the Special Master in the case of 1 Dockets.Justia.com 1 Coleman v. Newsom, No. 2:90-cv-0520 KJM DB P (E.D.Cal.), for his handling as he determines 2 appropriate. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations filed August 26, 2019, are adopted in full; 5 2. Plaintiff’s motion for a preliminary injunction (ECF No. 11) is denied; 6 3. Based on plaintiff’s election to proceed on the cognizable claims screened by the court, 7 8 9 10 defendant N. Counture is dismissed without prejudice; and 4. This matter is referred back to the assigned magistrate judge for all further pretrial proceedings. DATED: November 19, 2019. 11 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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