(PC) Herrera v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY M. HERRERA, No. 2:24-cv-1660 CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a preliminary injunction and temporary restraining order filed June 17, 2024. (ECF No. 4.) For the reasons stated herein, this Court recommends that plaintiff’s motion be denied. I. Legal Standards Federal Rule of Civil Procedure 65 governs injunctions and restraining orders, and requires that a motion for temporary restraining order include “specific facts in an affidavit or a verified complaint [that] clearly show that immediate, and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition,” as well as written certification from the movant’s attorney stating…