(PC) Harris v. Munoz ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, Case No. 1:21-cv-01372-JLT-HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING 13 v. PLAINTIFF’S MOTIONS FOR A TEMPORARY RESTRAINING ORDER AND 14 E. MUNOZ, J. CERDA, E. SILVA, J. PRELIMINARY INJUNCTION PEDERSON, K. MATTA, M. MEDINA, 15 (Docs. 15, 16 and 22) Defendants. 16 17 Devonte B. Harris again requests the entry of temporary restraining order (Doc. 15) and 18 preliminary injunction (Doc. 16), seeking to enjoin the defendants from either removing his 19 current long-term restricted housing status, or from transferring him away from California State 20 Prison Corcoran to any other correctional facility. On April 13, 2022, the magistrate judge 21 determined the motions were substantively defective and Plaintiff failed to show “he is likely to 22 suffer irreparable harm to warrant the extraordinary exercise of immediate injunctive relief to 23 enjoin Plaintiff’s transfer.” (Doc. 22 at 6-7.) Therefore, the magistrate judge recommended the 24 motions be denied. (Id. at 8.) 25 The Findings and Recommendations informed Plaintiff that any objections to the Findings 26 and Recommendations were due in fourteen days. (Doc. 22 at 1, 8.) Plaintiff was also advised 27 “failure to file objections within the specified time may result in the waiver of rights on appeal.” 28 (Id. at 8, citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 1 | 923 F.2d 1391, 1394 (9th Cir. 1991).) To date, Plaintiff has not filed any objections and the time 2 | to do so has expired. 3 According to 28 U.S.C. § 636(b)(1)(C), the Court conducted a de novo review of this case. 4 | Having carefully reviewed the entire matter, the Court concludes the Findings and 5 || Recommendations are supported by the record and by proper analysis. Thus, the Court 6 | ORDERS: 7 1. The Findings and Recommendations issued on April 13, 2022 (Doc. 22) are 8 adopted in full. 9 2. Plaintiff's motion for a temporary restraining order (Doc. 15) is DENIED. 10 3. Plaintiff's motion for a preliminary injunction (Doc. 16) is DENIED. 11 b IT IS SO ORDERED. 13 | Dated: _May 6, 2022 Cerin | Tower TED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28