(PC) Bradford v. Gee ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND ALFORD BRADFORD, No. 2:20-cv-00714-TLN-JDP 12 Plaintiff, 13 v. ORDER 14 S. GEE, et al., 15 Defendants. 16 17 Plaintiff Raymond Alford Bradford (“Plaintiff”), a state prisoner proceeding pro se, has 18 filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 26, 2021, the magistrate judge filed findings and recommendations herein 21 which were served on Plaintiff and which contained notice to Plaintiff that any objections to the 22 findings and recommendations were to be filed within fourteen days. (ECF No. 27.) On 23 September 3, 2021, Plaintiff filed objections to the findings and recommendations (ECF No. 28),1 24 which have been considered by the Court. 25 /// 26 1 The filing purports to seek relief under Federal Rule of Civil Procedure 60(b) but based on 27 the timing and content of the filing, is construed as objections to the findings and recommendations. Further, to the extent that Plaintiff is asserting a motion under Rule 60(b), 28 such motion is DENIED as premature. 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this 2 | Court has conducted a de novo review of this case. See McDonnell Douglas Corp. v. Commodore 3 | Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982); see 4 | also Dawson vy. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). Having reviewed the file under the 5 | applicable legal standards, the Court finds the findings and recommendations to be supported by 6 | the record and by the magistrate judge’s analysis. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations filed August 26, 2021 CECF No. 27), are 9 | ADOPTED IN FULL; 10 2. Plaintiff's Second Amended Complaint (ECF No. 23) is DISMISSED without leave to 11 | Amend; 12 3. Plaintiff's Motion for Preliminary Injunction (ECF No. 25) is DENIED; and 13 4. The Clerk of Court is directed to close the case. 14 IT IS SO ORDERED. 15 | Date: September 13, 2021 i 7 “ Man Vickey 18 Troy L. Nunley ] United States District Judge 19 20 21 22 23 24 25 26 27 28