(PC) Winston v. United States

Good Law
United States District Court, Eastern District of CaliforniaOctober 17, 20231:23-cv-01086California450 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LEANTHONY T. WINSTON, No. 1:23-cv-01086-JLT-SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. ACTION UNITED STATES OF AMERICA, (Doc. 11) Defendant. 16 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to Bivens v. Six Unknown Federal Narcotic Agents, 403 U.S. 388 (1971). On August 24, 2023, the assigned magistrate judge issued findings and recommendations recommending that the action be dismissed for failure to state a cognizable claim for relief under Bivens. (Doc. 11.) The findings and recommendations were served on plaintiff and contained notice that objections were due within fourteen days. (Id. at 7.) Plaintiff filed objections to the findings and recommendations. (Doc. 16.) In the meanwhile, plaintiff filed a request for declaratory judgment (Doc. 13), a motion for preliminary injunction and/or temporary restraining order…

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