(PC) Van Gessel v. Moore ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ALLEN VAN GESSEL, No. 1:18-cv-01478-DAD-GSA (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 14 DR. THOMAS MOORE, et al., PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF 15 Defendants. (Doc. No. 13) 16 17 18 Plaintiff Christopher Allen Van Gessel is a federal prisoner proceeding pro se and in 19 forma pauperis with this civil rights action brought pursuant to the decision in Bivens v. Six 20 Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The matter was 21 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 22 302. 23 On October 29, 2019, the assigned magistrate judge issued findings and 24 recommendations, recommending that plaintiff’s motion for preliminary injunctive relief (Doc. 25 No. 9) be denied. (Doc. No. 13.) Specifically, the magistrate judge found that the court lacks 26 jurisdiction to issue the order sought by plaintiff. (Id. at 3.) Plaintiff was granted fourteen (14) 27 days in which to file objections to the findings and recommendations. (Id.) Plaintiff has not filed 28 objections, and the time to do so has since passed. 1 ///// 2 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(B) and Local Rule 304, this 3 | court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 4 | court finds the findings and recommendations to be supported by the record and proper analysis. 5 Accordingly, 6 1. The October 29, 2019 findings and recommendations (Doc. No. 13) are adopted in 7 full; and 8 2. Plaintiff's motion for preliminary injunctive relief (Doc. No. 9) is denied. 9 | IT IS SO ORDERED. si am 8 Dated: _ January 13, 2020 Ll A 5 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28