Hurley

(PC) Diaz v. Hurley

Good Law
United States District Court, Eastern District of CaliforniaMay 24, 20212:19-cv-01241California2,714 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, No. 2:19-cv-1241 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ASSOCIATE WARDEN HURLEY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. On March 22, 2021, plaintiff filed a motion for injunctive relief, which is fully briefed. As discussed below, the undersigned recommends that plaintiff’s motion be denied. I. Background On July 3, 2019, plaintiff was informed that in order to commence an action, plaintiff was required to file a complaint, Diaz v. Hurley, No. 2:15-cv-2083 KJM KJN P (E.D. Cal), citing Fed. R. Civ. P. 3, but plaintiff’s motion for injunctive relief based on an alleged deprivation of cooling measures to address the risk of heat plaintiff faced while taking psychiatric medications in May and June of 2019 at California Medical Facility (“CMF”) was assigned the instant case number on July 1, 2019. Plaintiff filed a complaint on February 26,…

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