(PC) Howard v. Rodriguez

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA KARLIS RUBEN AUGUSTUS Case No. 1:24-cv-00285 JLT SAB (PC) HOWARD, 12 ORDER ADOPTING FINDINGS AND Plaintiff, RECOMMENDATIONS AND DENYING 13 PLAINTIFF’S MOTION FOR TEMPORARY v. RESTRAINING ORDER RODRIGUEZ, (Docs. 19, 21) Defendant.

17 Karlis Ruben Augustus Howard seeks to hold Defendant Rodriguez liable for a violation of his civil rights and negligence in this action. (See Doc. 16.) Plaintiff now seeks a temporary restraining order against inmate Scott Stansell, asserting that he assaulted Plaintiff and caused physical injury. (Doc. 19.)

21 The magistrate judge found Plaintiff failed to show he was entitled to the requested relief and recommended the motion be denied. (Doc. 21.) The Court served the Findings and Recommendations on Plaintiff and notified him that any objections were due within 14 days.

24 (Id. at 5.) The Court advised Plaintiff that the “failure to file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so has passed.

27 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case.

28 Having carefully reviewed the matter, the Court concludes the Findings and Recommendations | are supported by the record and proper analysis. Thus, the Court ORDERS: 2 1. The Findings and Recommendations dated August 23, 2024 (Doc. 21) are 3 ADOPTED in full.

4 2. Plaintiff's request for a temporary restraining order (Doc. 19) is DENIED.

6 IT IS SO ORDERED. | Dated: _ September 16, 2024 Cerin | Tower TED STATES DISTRICT JUDGE