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Michael Gonzales v. Price

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 26, 2011

MICHAEL GONZALES,
PLAINTIFF,
v.
PRICE, ET AL.,
DEFENDANTS.

ORDER ADOPTING FINDINGS AND RECOMMENDATION DENYING PLAINTIFF'S MOTIONS FOR TEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS

(ECF Numbers 38, 39, 43 & 48)

ORDER

Plaintiff Michael Gonzales ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

This action is proceeding on Plaintiff's original Complaint, filed September 21, 2007 (ECF No. 1), against Defendants Price, Frescura, Vikjoid, Castro, and Pinzon for First Amendment violations (retaliation and mail interference). (ECF Nos. 12 & 15.)

Plaintiff filed motions seeking temporary restraining orders and preliminary injunctions on February 7, 2011, April 13, 2011, and April 29, 2011. (ECF Nos. 38, 39, & 43.) In those Motions, Plaintiff alleges other prison officials are placing medication in his food as well as excessive force incidents with prison officials (not Defendants).

The matter was referred to a United State Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 14, 2011, the Magistrate Judge filed a Findings and Recommendation recommending that Plaintiff's Motions be denied. (ECF No. 48.) The Magistrate Judge found that Plaintiff failed to meet the legal prerequisites for injunctive relief.*fn1 Plaintiff did not file any objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the Findings and Recommendation to be supported by the record and by proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation, filed July 14, 2011, is ADOPTED; and

2. Plaintiff's Motions for Temporary Restraining Orders and Preliminary Injunctions are DENIED.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE


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