Pongyang
(PC) Harris v. Pongyang
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM JAMES HARRIS, No. 2: 21-cv-0846 KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CAPTAIN PONGYAN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s May 10, 2021 motion for a temporary restraining order. (ECF No. 2.) For the reasons stated herein, the undersigned recommends that this motion be denied. Legal Standard for a Temporary Restraining Order A temporary restraining order is an extraordinary remedy and temporary “fix” that the court may issue without notice to the adverse party if, in an affidavit or verified complaint, the movant “clearly show[s] that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition.” See Fed. R. Civ. P. 65(b)(1)(A). A preliminary injunction represents the exercise of…