Osman

(PC) Diaz v. Osman

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20252:23-cv-01449California1,225 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, Case No. 2:23-cv-1449-DAD-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. OSMAN, et al., Defendants. 16 17 Plaintiff has filed a second motion seeking preliminary injunctive relief in the form of an order mandating proper wound care. See ECF No. 1; ECF No. 37. For the reasons described below, I recommend that the motion be denied. “A preliminary injunction is ‘an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.’” Lopez v. Brewer, 680 F.3d 1068, 1072 (9th Cir. 2012) (quoting Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted) (“[a] preliminary injunction is an extraordinary remedy never awarded as of right”). Nonetheless, “federal courts must not shrink from their obligation to enforce the constitutional…

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