Benkle

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, No. 2:20-cv-0880 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 FAYE BENKLE, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. 18 §1983. Plaintiff alleges defendant was deliberately indifferent to his serious medical needs in 19 violation of the Eighth Amendment. Before the court are plaintiff’s motion for a temporary 20 restraining order (“TRO”) and motion for the appointment of counsel. For the reasons set forth 21 below, this court recommends plaintiff’s motion for a TRO be denied and denies plaintiff’s 22 motion for the appointment of counsel. 23 BACKGROUND 24 This case is proceeding on plaintiff’s first amended complaint filed here on June 1, 2020. 25 Plaintiff alleges that defendant Benkle failed to provide plaintiff timely medical care despite 26 knowing that plaintiff was actively suicidal and had injured himself. On…