Merlak

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN MCVAY, Case No. 1:20-cv-00486-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DENY PETITIONER’S MOTION FOR

v. TEMPORARY RESTRAINING ORDER AND

TO DISMISS THE CASE

STEVEN MERLAK,

OBJECTIONS DUE IN 14 DAYS

Respondent. ECF Nos. 1, 5

ORDER DIRECTING CLERK OF COURT TO

ASSIGN DISTRICT JUDGE TO CASE 18 Petitioner Steven McVay, a federal prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. The petition, filed on April 6, 2020, contained a time-sensitive request for a temporary restraining order. Id. Petitioner requested a court order that would prevent his transfer to a different prison upon the imminent closing of his prison of incarceration. Petitioner argued that his then-upcoming transfer placed him in immediate danger due to the possibility of contracting the COVID-19 virus at the alternate facility. Thus, on April 7, 2020, the…