Opinion
1:19-cv-00148-DAD-SAB (PC)
08-24-2021
BINH CUONG TRAN, Plaintiff, v. S. SMITH, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (DOC. NOS. 81, 83)
Plaintiff Binh Cuong Tran is a state prisoner proceeding pro se in this civil rights action 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 Local Rule 302.
On July 26, 2021, plaintiff filed a motion seeking a court order to impose monetary penalties for alleged interference with plaintiff's prison mail. (Doc. No. 81.) The assigned magistrate judge construed this request as a motion for a preliminary injunction. (Doc. No. 83 at 1.) On July 27, 2021, the assigned magistrate judge issued findings and recommendations recommending that plaintiff's motion for a preliminary injunction be denied due to plaintiff's failure to allege the possibility of irreparable harm; because the requested relief did not relate to the subject matter of plaintiff's complaint; and because isolated incidents of mail interference or tampering is not a cognizable claim under section 1983. (Id. at 3-4.) The findings and recommendations were served on the parties and contained notice that objections were to be filed within fourteen days. (Id. at 4.) To date, no objections have been filed, and the time to do so has now passed.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of the case. Having carefully reviewed the entire file, the court concludes that the magistrate judge's findings and recommendations are supported by the record and by proper analysis.
Accordingly,
1. The findings and recommendations issued on July 27, 2021 (Doc. No. 83), are adopted in full;
2. Plaintiffs motion for a preliminary injunction filed on July 26, 2021 (Doc. No. 81) is denied; and
3. This action is referred back to the assigned magistrate judge for further proceedings.
IT IS SO ORDERED.