(PC) Hammler v. The State of California

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, Case No. 1:19-cv-00785-NONE-JDP 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION FOR

13 v. PRELIMINARY INJUNCTION BE DENIED 14 STATE OF CALIFORNIA, et al., ECF No. 12 15 Defendants. 16 17 Plaintiff Allen Hammler moves for a preliminary injunction to cure ongoing and recurring 18 assault and battery. ECF No. 12. He seeks a court order “directing defendant(s) who are in 19 authority to do so to place the plaintiff on video escort.” Id. at 1. Plaintiff, in a one-page 20 declaration, states that he has “been repeatedly assaulted by C/O(s) at CSPC, three times in the 21 last month incurring a fractured skull, nose, and three broken ribs.” Id. at 2. On September 9, 22 2019, while Hammler was hospitalized in Bakersfield, defendant Cervantes came to the hospital 23 to threaten and further beat him. Id. Plaintiff claims that all his pens except one were confiscated 24 and so he does not have the ability to fully…