Cooper

(PC) McClintock v. Cooper

Good Law
United States District Court, Eastern District of CaliforniaJanuary 17, 20202:18-cv-00560California741 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN McCLINTOCK, No. 2: 18-cv-0560 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. COOPER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a preliminary injunction. (ECF No. 31.) For the reasons stated herein, the undersigned recommends that plaintiff’s motion for a preliminary injunction be denied. Legal Standard for Preliminary Injunction “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an…

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