(PC) Puckett v. Lynch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DURRELL ANTHONY PUCKETT, No. 2:23-cv-0903-KJM-SCR P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds without counsel and seeks relief under 42 U.S.C. § 1983. Plaintiff’s two motions for a preliminary injunction is before the court.1 (ECF Nos. 34 & 37.) For the reasons set forth below, both motions should be denied. I. Background In the operative second amended complaint, plaintiff alleges he was on an underground and “never heard” restriction to wear a bite mask for 1,632 days and that the defendants refused to lift the restriction because he files grievances and lawsuits. (ECF No. 12 at 3-4.) Plaintiff proceeds on a First Amendment retaliation claim against defendants Alfaro, Lynch, Rojas, Baughman, Lozano, and Diaz. (ECF No. 23.) Plaintiff also proceeds on a Fourteenth Amendment 26 27 There are a number of other pending motions in this case, which…