Opinion
1:21-cv-00593-AWI-HBK (PC)
06-14-2021
JASON GERAY, Plaintiff, v. BRIAN CATES, Warden, and K. NOUWEIS, Captain, Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING MOTION FOR PRELIMINARY INJUNCTION (Doc. Nos. 1 & 7)
Plaintiff Jason Geray is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local Rule 302.
Along with his filed complaint, on April 8, 2021, Plaintiff moved for a preliminary injunction preventing Defendants from confiscating and destroying a magazine he ordered before he could exhaust the grievance process. Doc. No. 1. On April 30, 2021, the assigned magistrate judge filed findings and recommendations, recommending that Plaintiff's motion be denied because Plaintiff had failed to demonstrate a preliminary injunction was warranted. Doc. No. 7. The magistrate judge provided Plaintiff thirty days to file objections to the findings and recommendations. Id. at 5. Plaintiff filed his objection on May 12, 2021. Doc. No. 11.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, including Plaintiff's objections, the Court concludes that the findings and recommendations are supported by the record and proper analysis.
ORDER
Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations (Doc. No. 7) issued on April 30, 2021, are ADOPTED in full;
2. Plaintiffs motion for preliminary injunction (Doc. No. 1) is DENIED.
IT IS SO ORDERED.