Torres

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON D. MCCOY, Case No. 1:19-cv-01023-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION FOR

v. TEMPORARY RESTRAINING ORDER

OR PRELIMINARY INJUNCTION

D. TORRES, et al., (Doc. 32) Defendants. 14-DAY DEADLINE 16 Before the Court is Plaintiff’s “motion for preliminary injunction and/or temporary restraining order due to Plaintiff’s high risk to COVID-19.” (Doc. 32.) For the reasons set forth below, the Court recommends that Plaintiff’s motion be denied. I. BACKGROUND This action proceeds on Plaintiff’s claims of excessive force and deliberate indifference to serious medical needs under 42 U.S.C. § 1983, based on a pepper-spraying incident that occurred at Kern Valley State Prison (KVSP) in July of 2017. (See Docs. 1, 11, 16, 19.) On September 21, 2020, Plaintiff filed the instant motion, requesting that the Court order the secretary of the California Department of Corrections…