(PC) Tran v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 BINH CUONG TRAN, Case No. 1:19-cv-00148-DAD-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING PLAINTIFF’S SECOND

v. REQUEST FOR PRELIMINARY

INJUNCTION BE DENIED

S. SMITH, et al., (ECF No. 81) Defendants. 16 Plaintiff Binh Cuong Tran is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s second motion for a court order to impose penalties against prison officials, filed July 26, 2021. The Court construes Plaintiff’s motion as a request for a preliminary injunction. I. DISCUSSION The purpose of a temporary restraining order or a preliminary injunction is to preserve the status quo if the balance of equities so heavily favors the moving party that justice requires the court to intervene to secure the positions until the merits of the action are…