Benkle
(PC) Harris v. Benkle
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID D. HARRIS, No. 2:20-cv-0880 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
FAYE BENKLE, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §1983. Plaintiff alleges defendant was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Before the court are plaintiff’s motion for a temporary restraining order (“TRO”) and motion for the appointment of counsel. For the reasons set forth below, this court recommends plaintiff’s motion for a TRO be denied and denies plaintiff’s motion for the appointment of counsel. BACKGROUND This case is proceeding on plaintiff’s first amended complaint filed here on June 1, 2020. Plaintiff alleges that defendant Benkle failed to provide plaintiff timely medical care despite knowing that plaintiff was actively suicidal and had injured himself. On…