Oliveria
(PC) Choyce v. Oliveria
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN CHOYCE, No. 2:19-cv-1216 TLN DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. OLIVERIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s motion for preliminary injunction, in which plaintiff seeks an order that appears to prevent a non-party correctional officer from placing plaintiff into general population unless plaintiff withdraws this civil rights action. (ECF No. 7.) The legal principles applicable to requests for injunctive relief, such as a temporary restraining order or preliminary injunction, are well established. To prevail, the moving party must show that irreparable injury is likely in the absence of an injunction. See Stormans, Inc. v. Selecky, 586 F.3d 1109, 1127 (9th Cir. 2009) (citing Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008)).…