(PC) Surrell v. CDCR Secretary of Operations et al, No. 2:2020cv00368 - Document 140 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 1/30/2023 ADOPTING in FULL 132 Findings and Recommendations. GRANTING 111 Motion for Summary Judgment. DENYING 120 Motion for Summary Judgment. DENYING 121 Motion for a Temporary Restraining Order. DENYING as MOOT 109 Motion to Modify the Scheduling Order. This action is DISMISSED without prejudice, and the Clerk of the Court is directed to close this case. CASE CLOSED(Reader, L)

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(PC) Surrell v. CDCR Secretary of Operations et al Doc. 140 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALVON SURRELL, SR., 12 13 14 15 16 No. 2:20-cv-00368-TLN-CKD Plaintiff, ORDER v. CDCR SECRETARY OF OPERATIONS, et al., Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 19 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 20 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 9, 2022, the magistrate judge filed findings and recommendations herein 22 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 23 findings and recommendations were to be filed within fourteen days. Plaintiff has filed 24 objections to the findings and recommendations. (ECF No. 137.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and by proper 28 1 Dockets.Justia.com 1 analysis. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The findings and recommendations filed November 9, 2022, are adopted in full. 4 2. Defendant’s Motion for Summary Judgment (ECF No. 111) is GRANTED. 5 3. Plaintiff’s Motion for Summary Judgment (ECF No. 120) is DENIED. 6 4. Plaintiff’s Motion for a Temporary Restraining Order (ECF No. 121) is DENIED. 7 5. Plaintiff’s Motion to Modify the Scheduling Order (ECF No. 109) is DENIED as moot. 8 6. This action is dismissed without prejudice. 9 7. The Clerk of the Court is directed to close this case. 10 DATED: January 30, 2023 11 12 13 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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