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Davis v. Cloak

United States District Court, Eastern District of California
Jun 22, 2023
1:22-cv-01632-JLT-HBK (PC) (E.D. Cal. Jun. 22, 2023)

Opinion

1:22-cv-01632-JLT-HBK (PC)

06-22-2023

EARL DAVIS SR, Plaintiff, v. E. CLOAK, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 25)

Earl Davis Sr. is a state prisoner proceeding pro s e and in forma paupers in this action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed motions requesting a temporary restraining order and a preliminary injunction. (Docs. 15, 16.) The magistrate judge found “this case does not involve extraordinary circumstances warranting the issuance of a temporary restraining order or preliminary injunction.” (Doc. 25 at 6; see also id. at 5-6.) Therefore, the magistrate judge recommended the motions be denied. (Id.)

The Court served the Findings and Recommendations on Plaintiff and in it, notified him that any objections must be filed within 14 days of the date of service. (Doc. 25 at 6.) In addition, the Court informed him that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id. at 7, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991).) Plaintiff did not file any objections, and the time to do so has expired.

According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. Having carefully reviewed the entire file, the Court concludes the Findings and Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS:

1. The Findings and Recommendations filed on May 15, 2023 (Doc. 25) are ADOPTED in full.

2. Plaintiff's motion for a temporary restraining order (Doc. 15) is DENIED.

3. Plaintiff's motion for a preliminary injunction (Doc. 16) is DENIED.

IT IS SO ORDERED.


Summaries of

Davis v. Cloak

United States District Court, Eastern District of California
Jun 22, 2023
1:22-cv-01632-JLT-HBK (PC) (E.D. Cal. Jun. 22, 2023)
Case details for

Davis v. Cloak

Case Details

Full title:EARL DAVIS SR, Plaintiff, v. E. CLOAK, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Jun 22, 2023

Citations

1:22-cv-01632-JLT-HBK (PC) (E.D. Cal. Jun. 22, 2023)