Kuersten

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID E. EDWARDS, No. 2:21-cv-0259-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. KUERSTEN, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently before the court is plaintiff’s September 23, 2021 motion for a temporary restraining order1 and preliminary injunction. ECF No. 18. Defendant opposes the motion. ECF No. 23. For the reasons that follow, the motion must be denied. Background This action proceeds on plaintiff’s Eighth Amendment deliberate indifference to medical needs claim against defendant M. Kuersten. ECF No. 12. Plaintiff claims that Kuersten, the Chief Medical Officer at California State Prison, Solano (“CSP, Solano”) will not assign him to a lower bunk even though he suffers from a sleep disorder that can cause him to fall out of bed while he is sleeping. ECF No. 11. In his request…