Hurley

(PC) Diaz v. Hurley

Good Law
United States District Court, Eastern District of CaliforniaFebruary 21, 20202:19-cv-01241California1,547 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, No. 2:19-cv-1241 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ASSOCIATE WARDEN HURLEY, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se. On July 3, 2019, this action was opened pursuant to the undersigned’s finding that plaintiff’s motion for temporary restraining order and for preliminary injunction was more appropriately filed in a new action. (ECF No. 2.) Plaintiff has been granted multiple extensions of time in which to file a complaint, which is required to commence a civil rights action. Fed. R. Civ. P. 3. Plaintiff’s last deadline expired on February 10, 2020, and no complaint has been filed. As discussed below, the undersigned recommends that plaintiff’s motions for preliminary injunctive relief and for contempt be denied without prejudice. 26 On February 18, 2020, the court received plaintiff’s declaration that he would be submitting his 27…

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