(PC) Davis, Sr. v. Cloak ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EARL DAVIS SR, Case No. 1:22-cv-1632 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DENYING 13 v. PLAINTIFFS’ MOTIONS FOR INJUNCTIVE RELIEF 14 E. CLOAK, et al., (Docs. 36, 39, 48, and 53) 15 Defendants. 16 17 Earl Davis Sr. is a state prisoner proceeding pro se and in forma pauperis in this action 18 filed pursuant to 42 U.S.C. § 1983. Plaintiff filed three motions seeking injunctive relief: a 19 motion for a restraining order on August 7, 2023 (Doc. 36); a motion for preliminary injunction 20 on August 28, 2023 (Doc. 39); and second motion for preliminary injunction September 28, 2023 21 (Doc. 48). 22 On October 31, 2023, the Magistrate Judge issued Findings and Recommendations, 23 finding Plaintiff failed to show he was entitled to the requested relief and recommending the 24 motions be denied. (Doc. 53 at 8-11.) The Court served the Findings and Recommendations on 25 Plaintiff and notified him that any objections were to be filed within fourteen days. (Id. at 11.) 26 The Court also informed him that the failure to file timely objections may result in a waiver of his 27 rights on appeal. (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) 28 Plaintiff did not file any objections and the time to do so has expired. 1 According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of this 2 | case. Having carefully reviewed the entire file, the Court concludes the Findings and 3 || Recommendations to be supported by the record and by proper analysis. Thus, the Court 4 | ORDERS: 5 1. The Findings and Recommendations filed on October 31, 2023 (Doc. 53) are 6 ADOPTED in full. 7 2. Plaintiff's motion for a temporary restraining order (Doc. 36) is DENIED. 8 3. Plaintiff's motion for a preliminary injunction (Doc. 39) is DENIED. 9 4. Plaintiff's motion for a preliminary injunction (Doc. 48) is DENIED. 10 IT IS SO ORDERED. 12 | Dated: _December 8, 2023 Cerin | Tower TED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28