Unknown
(PC) Davis v. Unknown
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAVIS, No. 2:23-cv-2358 DJC CSK P Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNKNOWN, et al., Defendants. 16 I. INTRODUCTION Plaintiff is a civil detainee, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for an “emergency temporary injunction” filed on April 18, 2025. (ECF No. 35.) For the following reasons, this Court recommends that plaintiff’s motion for injunctive relief be denied. II. LEGAL STANDARD FOR INJUNCTIVE RELIEF The standard governing the issuing of a temporary restraining order is “substantially identical” to the standard for issuing a preliminary injunction. See Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). “The proper legal standard for preliminary injunctive relief requires a party to demonstrate ‘that he is likely to succeed on the merits, that…