Agarwal

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 FRANK LEE JOHNSON, No. 2:24-cv-2891 DJC AC P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 SANJAY AGARWAL, et al., 14 Defendants. 15 16 Pending before the court are pro se plaintiff’s motion to appoint counsel, a motion to 17 transfer for medical care, and response to the Order and Findings and Recommendations issued 18 on June 17, 2025. ECF No. 39-41. For the reasons discussed below, the motion to appoint 19 counsel is denied and the undersigned recommends the motion to transfer for medical care be 20 construed as a third motion for preliminary injunction and be denied. Plaintiff will be provided a 21 further extension of time to file a Third Amended Complaint (“TAC”). 22 I. Background 23 Upon screening the first amended complaint (“FAC”) the court found that plaintiff 24 adequately stated an Eighth Amendment medical deliberate indifference claim against defendant 25 Agarwal but no other claims against Agarwal or the Doe defendants. …