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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL DAVIS, No. 2:23-cv-2358 DJC CSK P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, et al., 15 Defendants. 16 17 I. INTRODUCTION 18 Plaintiff is a civil detainee, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for an “emergency temporary 20 injunction” filed on April 18, 2025. (ECF No. 35.) For the following reasons, this Court 21 recommends that plaintiff’s motion for injunctive relief be denied. 22 II. LEGAL STANDARD FOR INJUNCTIVE RELIEF 23 The standard governing the issuing of a temporary restraining order is “substantially 24 identical” to the standard for issuing a preliminary injunction. See Stuhlbarg Int’l Sales Co. v. 25 John D. Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). “The proper legal standard for 26 preliminary injunctive relief requires a party to demonstrate ‘that he is likely to succeed on the 27 merits, that…