(PC) Reid v. Allison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARLTON L. REID, Case No.: 1:22-cv-1437 JLT CDB (PC) 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND RECOMMENDATIONS IN FULL AND 13 v. DENYING PLAINTITIFF’S MOTION FOR PRELIMINARY INJUNCTION AND 14 C. ALLISON, et al., TEMPORARY RESTRAINING ORDER 15 Defendants. (Docs. 2 & 9) 16 17 Carlton L. Reid seeks to hold the defendants liable for civil rights violations while he was 18 incarcerated pursuant to 42 U.S.C. § 1983. (Doc. 1.) Plaintiff seeks a temporary restraining order 19 and preliminary injunction, requesting the defendants “be restrained from taking or confiscating 20 JPay tablets owned by inmates” in the custody of the California Department of Corrections and 21 Rehabilitation. (Doc. 2 at 1.) In addition, he requests the defendants be directed to return the 22 JPay tablets to inmates who had them confiscated. (Id.) 23 On January 27, 2023, the assigned magistrate judge found Plaintiff failed to show he was 24 likely to succeed on the merits, or that he was likely to suffer irreparable harm. (Doc. 9 at 6-10.) 25 Therefore, the magistrate judge recommended the motion for a preliminary injunction and 26 temporary restraining order be denied. (Id. at 11.) Plaintiff was granted fourteen days from the 27 date of service to file any objections to the Findings and Recommendations (id.), which were served by mail on the same date. In addition, Plaintiff was informed that “[f]ailure to file 1 | objections within the specified time may result in waiver of rights on appeal.” (d., citing 2 | Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014), Baxter v. Sullivan, 923 F.2d 1391, 1394 3 | (9th Cir. 1991).) More than 14 days have passed, and no objections were filed. 4 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 5 | Having carefully reviewed the entire matter, the Court finds the Findings and Recommendations 6 || are supported by the record and proper analysis. Thus, the Court ORDERS: 7 1. The Findings and Recommendations issued on January 27, 2023 (Doc. 9) are 8 ADOPTED in full. 9 2. Plaintiff's motion for a preliminary injunction and temporary restraining order 10 (Doc. 2) is DENIED. 11 3. This matter is referred to the assigned magistrate judge for further proceedings. 12 B IT IS SO ORDERED. 4 Dated: _ February 17, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28