Navarro
(PC) Martinez v. Navarro
Opinion
Trial Court Opinion
I. BACKGROUND
20 Jose Antonio Martinez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with 22 Plaintiff’s original complaint filed on March 22, 2019, against defendants Sergeant M. Navarro, 23 C/O Navarro, C/O E. Mares, and C/O Cruz (“Defendants”), for use of excessive force in violation 24 of the Eighth Amendment. (ECF No. 1.) 25 On May 6, 2021, Plaintiff filed a motion for removal of C/O D. Navarro from 4A Yard, 26 and to keep all staff involved away from Plaintiff. (ECF No. 36.) On May 25, 2021, Defendants 27 filed an opposition to the motion. (ECF No. 37.) 28 The motion is now before the court. L.R. 230(l). The court construes this motion as a motion for preliminary injunctive relief, or a temporary restraining order. II. PRELIMINARY INJUNCTIVE RELIEF Procedurally, a federal district court may issue emergency injunctive relief only if it has personal jurisdiction over the parties and subject matter jurisdiction over the lawsuit. See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 350 (1999) (noting that one…