(PC) Somoza v. Director of California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaAugust 12, 20211:20-cv-01600California792 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO M. SOMOZA, Case No. 1:20-cv-01600-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION FOR

v. PRELIMINARY INJUNCTION

DIRECTOR OF CALIFORNIA (Doc. 9)

DEPARTMENT OF CORRECTIONS

AND REHABILITATION, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge

17 Plaintiff Ricardo Somoza, a state prisoner proceeding pro se, has filed a document titled, “Motion and Request for Extention [sic] of Time / or Temporary Leave.” (Doc. 9.) The Court construes the filing as a motion for a preliminary injunction. For the reasons set forth below, the Court recommends that the motion be denied. I. DISCUSSION “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed…

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