Allen

ORDER DENYING PLAINTIFF’S APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE AND DISMISSING PLAINTIFF’S FIRST AMENDED COMPLAINT WITHOUT PREJUDICE

[Docket Nos. 6 & 17]

Plaintiff Clarence Ray Allen, a condemned inmate at California’s San Quentin State Prison, is scheduled to be executed on January 17, 2006. He applies for a temporary restraining order and an order to show cause why a preliminary injunction should not issue to stay his execution for alleged violations of his rights under the Sixth, Eighth and Fourteenth Amendments. Plaintiffs Application is opposed by Defendants Roderick Hickman, Secretary of the California Department of Corrections and Rehabilitation; S.W. Ornoski, Acting Warden of San Quentin State Prison; and Arnold Schwarzenegger, Governor of California. The Court has read the moving and responding papers. The Court has jurisdiction pursuant to 42 U.S.C. § 1983 (2005) and finds that it is appropriate to resolve Plaintiffs Application without oral argument pursuant to Civil Local Rule 7-l(b). For the reasons set forth below, the Court denies Plaintiffs Application for a Temporary Restraining Order and Order to Show Cause and dismisses Plaintiffs…