Rudas
(PC) Miner v. Rudas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY MINER, No. 2:17-cv-1896-MCE-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS W. DAVID SMILEY, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se with this civil rights action under 42 U.S.C. § 1983, moves for a temporary restraining order and/or preliminary injunction. ECF No. 43. Plaintiff states that he complained about not having possession of his property and now fears retaliation. He seeks an order prohibiting his transfer to another institution until he is in possession of his property. For the reasons that follow, plaintiff’s request should be denied. A temporary restraining order may be issued upon a showing “that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.” Fed. R. Civ. P. 65(b)(1)(A). The purpose of such an order is to preserve the status quo and to prevent irreparable harm “just so long as…