Culum

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE MONTGOMERY, No. 2:22-cv-1156 DC CSK P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 M. CULUM, et al., 15 Defendants. 16 17 I. INTRODUCTION 18 Plaintiff is a state prisoner, 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 a preliminary injunction. 20 (ECF No. 55.) For the following reasons, this Court recommends that plaintiff’s motion for a 21 preliminary injunction be denied. 22 II. LEGAL STANDARD FOR INJUNCTIVE RELIEF 23 An injunction is a matter of equitable discretion and is “an extraordinary remedy that may 24 only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. 25 Natural Resources Defense Council, Inc., 555 U.S. 7, 22 (2008). A plaintiff seeking preliminary 26 injunctive relief must establish (1) “that he is likely to succeed on the merits;” (2) “that he is 27 likely to suffer irreparable harm in the…