Opinion
CASE NO. 1:06-cv-01250-OWW-SMS PC.
April 13, 2007
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF (Docs. 13 and 17)
Plaintiff Johnny Earl Evans ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72-302.
On March 16, 2007, the Magistrate Judge filed a Findings and Recommendations herein which was served on plaintiff and which contained notice to plaintiff that any objection to the Findings and Recommendations was to be filed within thirty days. Plaintiff filed an Objection to the Findings and Recommendations on April 4, 2007.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 73-305, this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendations to be supported by the record and by proper analysis. Injunctive relief that awards the plaintiff the remedy sought before a hearing on the merits is not justified.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations, filed March 16, 2007, is adopted in full; and
2. Plaintiff's motion for preliminary injunctive relief, filed March 13, 2007, is DENIED.
IT IS SO ORDERED.