(PC) Driver v. Mueller et al, No. 2:2023cv01233 - Document 16 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Dale A. Drozd on 12/20/23 ADOPTING in full 12 Findings and Recommendations and DENYING 11 Plaintiff's motion for a temporary restraining order and preliminary injunction. This matter is REFERRED back to the assigned magistrate judge for further proceedings. (Kastilahn, A)

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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 BILLY DRIVER, JR, 12 Plaintiff, 13 14 No. 2:23-cv-01233-DAD-KJN (PC) v. KIMBERLY J. MUELLER, et al., 15 Defendants. 16 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Doc. Nos. 11, 12) 17 Plaintiff Billy Driver, Jr. is a state prisoner proceeding pro se in this civil rights action 18 19 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge 20 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 7, 2023, the assigned magistrate judge issued findings and recommendations 21 22 recommending that plaintiff’s motion for a temporary restraining order and preliminary injunction 23 (Doc. No. 11) be denied. (Doc. No. 12.) Those pending findings and recommendations were 24 served on plaintiff and contained notice that any objections thereto were to be filed within 25 fourteen (14) days after service. (Id. at 4–5.) To date, no objections to the pending findings and 26 recommendations have been filed, and the time in which to do so has now passed. 27 ///// 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 findings and recommendations are supported by the record and by proper analysis. 4 Accordingly, 5 1. 6 adopted in full; 7 2. 8 Plaintiff’s motion for a temporary restraining order and preliminary injunction (Doc. No. 11) is denied; and 9 3. 10 This matter is referred back to the assigned magistrate judge for further proceedings. 11 12 The findings and recommendations issued on August 7, 2023 (Doc. No. 12) are IT IS SO ORDERED. Dated: December 20, 2023 DALE A. DROZD 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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