(PC) Penn v. Warden of Kern Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-KES-HBK (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

CONSTRUED MOTION FOR COURT

v. ORDER A. LUCAS, (Doc. No. 121) Respondent. 16 Pending before the Court is Plaintiff’s “Motion for a Temporary Restraining Order and Injunctive Relief.” (Doc. No. 121, “Motion”). Defendant timely filed an Opposition. (Doc. No. 122). As explained below, Plaintiff’s pending motion may be resolved by order rather than by finding and recommendations because the motion does not seek dispositive relief on the merits of the claim which this action proceeds. See Shields v. Cannon, 2012 WL 1604877 (E.D. Cal. May 7, 2012) (magistrate judge may issue orders addressing procedures parties utilize in litigating a case, unrelated to merits of the action). The Court denies the Motion without prejudice. I. BACKGROUND This case proceeds on Plaintiff’s…