Covello
Edward Motley v. Patrick Covello, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD MOTLEY, No. 2:24-cv-00002-DJC-EFB (PC) Plaintiff, v. ORDER PATRICK COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This case proceeds on plaintiff’s complaint alleging First Amendment, Eighth Amendment, and state law negligence claims related to allegedly unsanitary food service at the Mule Creek State Prison (MCSP). ECF Nos. 1, 7. Plaintiff has filed two motions for a temporary restraining order and/or preliminary injunctive relief (the “TRO Motions”). ECF Nos. 11, 41. Both TRO Motions request similar relief and indeed the second TRO Motion is captioned as a motion to “renew” the first TRO Motion. Presently before the court is defendants’ ex parte application for leave to file additional briefing on the first TRO Motion. ECF No. 47. Defendants point out that it has been over five months since they provided their…