Hicks

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRACYE BENARD WASHINGTON, 1:19-cv-00156-NONE-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

vs. MOTION FOR PRELIMINARY

INJUNCTIVE RELIEF BE DENIED

HICKS, et al., (ECF No. 39.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

17 I. BACKGROUND Tracye Benard Washington (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s original Complaint filed on February 5, 2019, against defendants Sergeant David Hicks and Correctional Officer Hipolito Rocha for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.) On April 26, 2021, Plaintiff filed a motion for a temporary restraining order, which the court construes as a motion for preliminary injunctive relief. (ECF No. 39.) II. PRELIMINARY INJUNCTIVE RELIEF “A plaintiff…