(PC) Hammler v. The State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 1:19-cv-00785-NONE-JDP Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION FOR

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