Baniga

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE GARCIA, 1:19-cv-01258-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

vs. MOTION FOR PRELIMINARY

INJUNCTIVE RELIEF BE DENIED

U. BANIGA, et al.,

OBJECTIONS, IF ANY, DUE WITHIN

Defendants. DAYS

16 I. BACKGROUND Jose Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on September 10, 2019 (ECF No. 1.) The court screened the Complaint under 28 U.S.C. § 1915A and issued an order on September 23, 2019, requiring Plaintiff to respond within thirty days by either filing an amended complaint or notifying the court that he is willing to proceed only against defendant, Dr. Rodriguez, on Plaintiff’s medical claim found cognizable by the court. (ECF No. 8.) In the prayer of the Complaint, Plaintiff …