(PC) Duncan v. California Healthcare Receivership Corp.

Good Law
United States District Court, Eastern District of CaliforniaOctober 14, 20201:20-cv-01288California780 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIONTAE JOHAN DUNCAN, Case No. 1:20-cv-01288-SKO (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION FOR A

13 v. TEMPORARY RESTRAINING ORDER

14 CALIFORNIA HEALTHCARE (Doc. 3) RECEIVERSHIP CORP., et al., 15 14-DAY DEADLINE Defendants. 16 Clerk of the Court to assign a District Judge

17 On September 10, 2020, Plaintiff filed a document titled, “Order to Show Cause for a 18 Temporary Restraining Order.” (Doc. 3.) The Court construes the filing as a motion for a 19 temporary restraining order (TRO). For the reasons set forth below, the Court recommends that 20 the motion be denied. 21 I. DISCUSSION 22 “A preliminary injunction is an extraordinary remedy never awarded as of right.”1 Winter 23 v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a 24 preliminary injunction must establish that he is likely to succeed on the merits, that…

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