Daram

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST LEE COX, Jr., No. 2:20-cv-1295 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

VASUKI DARAM, et al., Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his serious medical needs when they prevented him from using his continuous positive airway pressure (“CPAP”) machine. Before the court is plaintiff’s motion for a temporary restraining order. For the reasons set forth below, this court recommends plaintiff’s motion be denied. BACKGROUND Plaintiff is an inmate at Mule Creek State Prison (“MCSP”). He initiated this action on June 29, 2020 by filing a motion for a temporary restraining order. (ECF No. 1.) This court denied the motion without prejudice and instructed plaintiff to file a complaint. (ECF No. 4.) On July…