(PC) Brown v. Reilly et al, No. 2:2020cv01709 - Document 39 (E.D. Cal. 2021)

Court Description: ORDER signed by Senior Judge William B. Shubb on 12/20/2021 ADOPTING 27 The Findings and Recommendations in full; DENYING 19 Motion for Preliminary Injunction, as moot.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE CHEROKEE BROWN, 12 Plaintiff, 13 14 No. 2:20-cv-1709 WBS AC P v. ORDER A. REILLY, et al., 15 Defendant. 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 November 5, 2021, the magistrate judge filed a combined screening order and findings 20 21 and recommendations which recommended denial of plaintiff’s motion for preliminary 22 injunction. ECF No. 27. The order and findings and recommendations were served on plaintiff 23 and contained notice to plaintiff that any objections to the findings and recommendations were to 24 be filed within twenty-one days. Id. at 10. Plaintiff has filed objections to the screening of his 25 complaint,1 ECF No. 31, but has not filed objections to the findings and recommendations 26 27 28 1 Plaintiff has since clarified that he is seeking to proceed on the complaint as screened. ECF No. 34. 1 1 recommending that his motion for preliminary injunction be denied.2 2 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 3 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 court finds the findings and recommendations to be supported by the record and by proper 5 analysis. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations filed November 5, 2021, ECF No. 27, are adopted 8 in full; and 2. Plaintiff’s motion for preliminary injunction, ECF No. 19, is denied as moot. 9 10 Dated: December 20, 2021 11 12 13 /brow1709.804 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Plaintiff has filed a new motion for temporary restraining order or preliminary injunction that seeks different relief and will be addressed by the court in due course. 2

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