Toney

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN TONEY, Case No.: 3:18-cv-2786-WQH-KSC BOP No. 6832298

ORDER

13 Plaintiff, 14 v.

DR. J. GWATHY; NOLTE

RACHELLE, M.D.; WILLIAM

LEWIS, II; MR. CHARLES

SAMUELS, JR.,

18 Defendants. HAYES, Judge: The matters before the Court are the Motion for Order to Show Case for Preliminary Injunction and Temporary Restraining Order filed by Plaintiff (ECF No. 19) and the Report and Recommendation issued by the Magistrate Judge (ECF No. 42). The duties of the district court in connection with a report and recommendation of a magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b). The district judge must “make a de novo determination of those portions of the report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b). The 1 || district court need not review de novo those portions of a Report and…