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Warner v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Mar 3, 2015
CASE NO. 1:12-cv-1146-LJO-MJS (PC) (E.D. Cal. Mar. 3, 2015)

Opinion

CASE NO. 1:12-cv-1146-LJO-MJS (PC)

03-03-2015

EARL WARNER Plaintiff, v. MATTHEW CATE, et al., Defendants.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER

(ECF Nos. 46 and 52)

CASE TO REMAIN OPEN

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 10). This action proceeds on Plaintiff's Eighth Amendment failure to protect claim. (ECF No. 10). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District of California.

On February 9, 2015, the Magistrate Judge issued Findings and Recommendations to deny Plaintiff's motion for a temporary restraining order. (ECF No. 46). Neither party filed objections, and the time for doing so has passed.

In accordance with the provisions of 28 U.S.C. § 636(b)(1), the 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.

Accordingly, it is HEREBY ORDERED that:

1. The Court adopts the Findings and Recommendations (ECF No. 52), filed February 9, 2015, in full; and



2. Plaintiff's motion for a temporary restraining order (ECF No. 46), filed September 22, 2014, is DENIED.
IT IS SO ORDERED.

Dated: March 3 , 2015

/s/ Lawrence J. O'Neill

UNITED STATES DISTRICT JUDGE

3.


Summaries of

Warner v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Mar 3, 2015
CASE NO. 1:12-cv-1146-LJO-MJS (PC) (E.D. Cal. Mar. 3, 2015)
Case details for

Warner v. Cate

Case Details

Full title:EARL WARNER Plaintiff, v. MATTHEW CATE, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 3, 2015

Citations

CASE NO. 1:12-cv-1146-LJO-MJS (PC) (E.D. Cal. Mar. 3, 2015)